"Compromise and Release (Dependency Claim) for Workers' Compensation" is a official California Workers Compensation form.
California Compromise and Release (Dependency Claim) for Workers' Compensation
State:
California
Control #:
CA-WCAB-16-WC
Format:
PDF
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Description Compromise And Release California
How to fill out California Compromise And Release (Dependency Claim) For Workers' Compensation?
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FAQ
Workers' compensation benefits depend on your status of employment when the injury occurred. The good news is that under this policy, quitting your job will not immediately disqualify you for benefits.Additionally, quitting a job can make you ineligible for California unemployment benefits.
The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.
A Compromise and Release aka a C&R is for the settlement of your Permanent Disability, Future Medical Treatment and for anything else that might be owed to you. This is paid in one lump sum directly from the insurance company, minus any attorneys' fees (generally 15%).
Under Section 132a of the California Workers' Compensation Code, it is illegal for an employer to fire an employee because of a work injury.For example, suppose an employee is cleared to return to work and his or her position is still available.
While you do have legal rights and protections under California law from being dismissed because of injuries or disabilities related to your work injury, being on workers' compensation does not protect you from being fired or laid off.
It is against the law for you to be fired specifically for filing a workers compensation claim, but your employer generally does not have an obligation to hold your job open for you while you are off work recovering from your injury.
A Compromise and Release Agreement is a settlement which usually permanently closes all aspects of a workers' compensation claim except for vocational rehabilitation benefits, including any provision for future medical care. The Compromise and Release is paid in one lump sum to you.
Generally, it should take a week or two to get the settlement agreement to your attorney from the other side. When everyone has signed, your settlement must be approved by a Workers' Compensation judge, which can take up to two weeks. Once it is approved, an insurance company has up to 30 days to mail your check.
1.4 Is the compromise and release settlement taxable? Workers' compensation benefits are not taxable. This includes payments an injured worker receives in a Compromise and Release workers' compensation settlement.