If you suffered an injury or developed a condition while performing your regular work duties, you may be entitled to receive certain benefits that will help you deal with medical costs and your lost income. These benefits come in the form of workers compensation, and to receive them, you have to file a claim with the worker’s compensation administration.
In some cases, if your injury or sickness requires you to be absent for a longer period of time, you may receive severance pay.
Note that under the Fair Labor Standards Act (FLSA), there is no requirement nor obligation from your employer to provide you with severance pay. Severance pay is usually a matter of agreement between you and your employer.
Here is everything you need to know about Severance Pay and Workers Compensation for a long-term sickness.
Obtaining Workers Compensation
In 2010, the Equality Act was introduced and its purpose was and still is today to protect the injured and sick employees from wrongful termination. As long as you can demonstrate that you have taken all appropriate steps to facilitate your return to work, including looking at alternative duties or roles where possible, you are protected by the law.
If you sustained your injury at work and developed a sickness as a result of it, you are entitled to receive workers compensation benefits, regardless of whether or not you were given severance pay.
All you have to do is consult with your attorney and file a workers compensation claim on time.
If you do not have an attorney, consult with Workers Compensation Attorneys in Los Angeles and let them help you obtain and secure the benefits you deserve.
Severance Pay For Your Sickness
Assuming that you were laid off or terminated while being sick for a long period of time, you may be able to get severance pay. Many employers offer it as a reward for your years of service. Severance Pay is usually given as a part of a bargaining agreement. You may be asked:
- Not to work for a competing company for a period of time
- To give a certain amount of notice before resigning
- Not to take legal actions against the employer for being laid off
The amount that you can receive is again a matter of agreement between you and the employer, but it usually equals one week of your pay for each year of service.
Severance Pay will never affect your:
- Minimum wage
- Overtime pay
- Unemployment insurance benefits
- Workers compensation benefits
If you are offered a severance pay by your employer, you should contact an attorney familiar with California’s labor statutes. Receiving quality advice will help you understand what you are being “given”, and what the terms of receiving severance pay are.
In some cases, the severance pay may not be what you expected it to be. Los Angeles Workers Compensation Attorneys can help you negotiate the deal and ensure that your best interests are protected at all time.