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Workers Comp & Severence Pay Georgia

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  • Workers Comp & Severence Pay Georgia

    I live in Georgia & I got injured on the job and had to have surgery. I returned to work part time and am still under the doctors care and physical therapy. They decided to fire me because they are not sure I will be able to perform my duties during the busy season. They are offering me 6 week salary severence pay with my 1 week vacation added in. How will this affect my workers comp payments (which are now total disability) and are there any hidden stipulations I need to be aware of? I did have them redo the agreement to specifically exclude the ongoing workers comp claim and benefits. Also, while employed they withheld 3% of my salary which they matched for a Simple retirement plan. Would they also be required to do that withholding for my vacation pay and severence pay?
    Thanks for your help

  • #2
    I would have an attorney review it as the type of agreement makes all the difference. If this excludes WC and is not a settlement of those claims, then it is very likely that the severance will disqualify you from TTD.There is less of a chance if it is lump sum and the duration is not specified, such as they just used the equivalent of 6 weeks pay as severance amount, but are granting it lump sum.

    Whether the severance can be counted toward the retirement plan or not is plan specific. Many do not permit you to continue to make contributions once you have officially terminated. Have you asked?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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