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Workers’ Compensation Settlement Agreements – Consider Including This Language

Workers have it tough these days – which are not much different than any other day(s). But, there is a bright spot for those who lose their jobs. Courts are now trending towards holding employers to their agreements to NOT contest unemployment benefits. This case serves as an example of the recent trend – in which the First District Court of Appeal just upheld an agreement to NOT contest the former employee’s unemployment claim as a result of a provision in the settlement agreement. The settlement agreement contained the following language:

Employer/Carrier will not contest Claimant’s application or request for unemployment benefits.”

So, the next time you negotiate a separation as part of a workers’ compensation settlement, think about adding a provision that the employer won’t contest unemployment benefits. Your client(s) will thank you – and the provision just may get a tough deal done.

To discuss how the FairLaw Firm can help out your workers’ compensation claimants by possibly increasing their average weekly wage, contact us.



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