Settlement of Discrimination and Wrongful Termination Does Not Prevent Workers’ Compensation Claim

By Thomas McKinney

Individuals can file a lawsuit alleging discrimination and file a separate claim for Workers’ Compensation.

Our New Jersey wrongful termination lawyers  frequently have clients who have both a discrimination lawsuit and workers’ compensation claim.  When one of the matters settles, our clients are typically concerned regarding whether the settlement of one lawsuit includes the other lawsuit.

The New Jersey Appellate Division recently ruled in Passaic Beth Israel Hospital v. Perez, that the settlement between the parties resolved only plaintiff’s claims of discrimination and wrongful termination and did not encompass the workers’ compensation action.  The evidence relating to the settlement agreement’s meaning supported the plaintiff’s contention that the settlement did not incorporate the compensation action.  However, the settlement agreement did not specifically address the Plaintiff’s workers’ compensation claim.

This opinion should reiterate the need to make settlement agreements specific regarding the claims that are being settled.  Any ambiguity may be construed in a manner that was never discussed or intended by the parties to the agreement. For more information contact our New Jersey wrongful termination lawyers and read Filing an Employment Lawsuit and Workers’ Compensation Claim.

Call our New Jersey wrongful termination lawyers at Castronovo & McKinney to get immediate help at 973-920-7888 or fill out our confidential case evaluation form.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.