Cover all bases when settling workers’ comp claim

Sometimes, employers and employees decide to settle a workers’ compensation claim. That requires preparing a release for the approval of Pennsylvania Department of Labor’s Bureau of Workers’ Compensation.

But don’t assume that will put an end to the matter—unless you have expert legal help drafting a complete release of any and all claims.

Recent case: Craig was injured while working for retailer Boscov’s. He was off for about two weeks. About a week later, the company fired him. Months later, he signed a release of his workers’ comp claim in exchange for a lump sum payment.

Then he sued over alleged violations of the FMLA. Boscov’s argued the release blocked that claim, but the 3rd Circuit Court of Appeals has decided to revive his lawsuit. It said the agreement wasn’t specific enough and only references the workplace injury. (Zuber v. Boscov’s, 3rd Cir., 2017)