Do I Have to Resign From My Job With My Employer as Part of a Settlement of My Workers’ Comp Case?

The short answer is no. There is nothing in the Pennsylvania Workers Compensation law, regulations or case law requiring an injured worker to resign as part of a settlement. However, employers usually want a resignation. In fact, it is frequently what they want the most and are willing to pay extra for it. If you have been injured in a work accident, you are damaged goods from the employers point of view. Frequently, they will dangle a settlement of the Workers Comp case in front of you and then literally at the last minute (at the settlement approval hearing) demand that you sign a letter of resignation waiving all claims. You can and should take the position that a letter of resignation is worth money and that the employer should pay for it. You want to make sure that your lawyer demands and gets a copy of the settlement documents and copies of any ancillary documents (such as a letter of resignation) well in advance of the hearing. For example, a resignation can be worded in a way that permits you to collect unemployment compensation after the workers’ compensation settlement hearing and after the settlement is approved by a Pennsylvania Workers’ Compensation Judge.