If you are employed and have been hurt on the job site, you may want to file a claim against your company or its insurance provider for compensation. But, before you could file a claim your boss may reach out to you for a settlement agreement. This agreement settles any claim you may have against your employer.
What to Keep in Mind When Trying to Reach a Settlement Agreement
You must make sure the deal struck is fair to both parties. Every case is different. You may be looking for money, need a good reference, or even reinstatement in your job after being fired. The majority of settlement agreements give both parties peace of mind and the employment relationship continues afterward.
Do you Need an Attorney Before You Sign a Settlement Agreement?
A settlement agreement is only legally effective when you have gotten independent legal advice about it. You may agree to pay towards your legal fees, although you will not necessarily cover all your costs. An employment lawyer in New Jersey often works on a contingency fee basis which means they only get a percentage of the total amount of monetary settlement you get. The lawyer will discuss their fees with you before they start acting on your behalf.
What Claims Should you Settle?
The majority of settlement agreements to cover any kind of claim you could bring against your employer. Thus, you will waive or surrender your rights to bring statutory and contractual claims and claims for personal injury. Some of the exceptions to this include personal injury where you did not know about the injury when you signed the agreement. But, generally, when you sign a settlement agreement, you must assume it draws a line under everything that took place between you and your boss. That is, you will not be able to bring any kind of claim against your employer. Should your employer breach the agreement, you should consult your employment lawyer to know what to do next.