I signed a compromise & release Form and settled my "LAGITAMATE" workers compansation claim…..?

by admin on July 16, 2010

can i, work for the company i was when my injury occured because of the owner filing bankruptcy, he sold the name of the window company to a group of people up north from me ( I live in San Diego)??? Now my workers compensation claim has been paid to me and i also received a 14% disabillity rating. my doctor sugested in his C & R that i should avoid any type of bending, stooping, lifting, etc. because it was a fracture of my l1 vertebre with a spinal commpresion of over 25%. im 27yrs young and am honestly stronger and morefocased than pre injury, and would have little difficulty jumping back into it. can I? Is the new manegement obligated to any type of employment like limmited duty is with the original company??

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Steve C July 16, 2010 at 7:13 pm

California is an "at will" employment state. This means you can be let go without reason. However, when a person is injured on the job it is illegal to terminate that person’s employment for that reason. If the "new owners" purchased the actual business (meaning the coporate stock) and not just the assets of the business, then they also purchased the company’s liabilities, one of which was its legal obligation to continue your employment.

FRAGINAL-NOYPI July 16, 2010 at 7:13 pm

Sale of a business is valid if there is a genuine transfer to another individual or company. However, the employees must be given the proper compensation under the law.

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