Employment Seperation Agreement Texas

[MrChin]

Recently got laid off and was given an employment severance agreement.
In the state of Texas, can an employment seperation agreement release current claims under worker's compensation law ?

Thanks.

[Pattymd]

I don't think so, but you should definitely have it reviewed by an attorney.

[MrChin]

searching all over the net and found this

hxxp://law.onecle.com/texas/labor/408.005.00.html (replace x with t)

408.005. SETTLEMENTS AND AGREEMENTS. (a) A settlement
may not provide for payment of benefits in a lump sum except as
provided by Section 408.128.
(b) An employee's right to medical benefits as provided by
Section 408.021 may not be limited or terminated.
(c) A settlement or agreement resolving an issue of
impairment:
(1) may not be made before the employee reaches
maximum medical improvement; and
(2) must adopt an impairment rating using the
impairment rating guidelines described by Section 408.124.
(d) A settlement must be signed by the commissioner and all
parties to the dispute.
(e) The commissioner shall approve a settlement if the
commissioner is satisfied that:
(1) the settlement accurately reflects the agreement
between the parties;
(2) the settlement reflects adherence to all
appropriate provisions of law and the policies of the division; and
(3) under the law and facts, the settlement is in the
best interest of the claimant.
(f) A settlement that is not approved or rejected before the
16th day after the date the settlement is submitted to the
commissioner is considered to be approved by the commissioner on
that date.
(g) A settlement takes effect on the date it is approved by
the commissioner.
(h) A party to a settlement may withdraw acceptance of the
settlement at any time before its effective date.


is this sufficient ?? Thanks

[Pattymd]

Is that from the Labor Code or the Worker's Comp law?

[MrChin]

it is labor code

[Pattymd]

If you have an open work comp case, you should have an attorney. Hopefully, your WC attorney also has some knowledge of employment law. I am not an attorney and I would not presume to give you further advice in detail, other than you need to speak with an attorney.