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How to group comment settlement

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hey guys chicago injury lawyer scott disalvo here and in todays video i want to talk to you about um what makes a workers comp case valuable how to figure out what a workers comp case might be worth right and so ive covered this a little bit in my other videos but i thought it was a good opportunity to refresh it because i had a gentleman who called me who um you know makes a pretty good sum of money and also has a pretty serious injury and um you know i i went through all of this stuff for him and it occurred to me that this is good information for anyone who got hurt at work to uh to know right so the first thing you should know is that each state has its own workers comp laws right so my primary office my main office is in chicago illinois so obviously im very familiar with illinois workers comp law but your state law definitely varies and in places like texas they change the workers comp law so severely that lawyers dont even handle workers comp cases in texas which is bad new

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How do you negotiate a settlement agreement?

How to Negotiate the Best Deal on Your Settlement Agreement Prepare Well for the Settlement Agreement Negotiation. Decide which negotiation tactics to use. Ask for a Protected Conversation with your Employer. Dont ask for too much. Dont ask for too little. Find out how the settlement payments will be taxed.

How do you make a settlement conversation?

Explain to the employee that you are proposing to offer them a settlement with a view to ending their employment amicably. Tell them any financial settlement you are proposing and also explain any other elements of the offer which are relevant, such as a reference, or no requirement for them to work out their notice.

Is a settlement agreement the same as redundancy?

Settlement Agreements are often used in redundancy situations. However, a Settlement Agreement is not the same thing as redundancy. If an employer wishes to make redundancies, they must go through a fair redundancy procedure before deciding which staff to make redundant.

Why would an employer offer a settlement agreement?

A settlement agreement might involve your employer promising to pay you a sum of money, stop treating you unlawfully or both. The settlement agreement is a legal contract between you and your employer - you both have to stick to it. Your employer is likely to want you to keep the agreement confidential.

How much should I ask for in a settlement agreement?

The rough rule of thumb that we generally use to determine the value of a reasonable settlement agreement (in respect of compensation for termination of employment) is two to three months gross salary (in addition to your notice pay, holiday pay etc., as outlined above).

What is consideration for settlement?

The consideration is the monetary amount of the settlement and anything else either party agrees to. In essence, the consideration is what will end the dispute.

When should you ask for a settlement agreement?

In situations where an employer is not happy with your performance or doesnt think that youre a good fit for the job anymore, you may be offered a settlement agreement. This is a legal way for your employer to ask you to leave your job, usually by offering you a fixed amount of money and an agreed reference.

Do I have to agree with the settlement offer?

The settlement agreement is a legal contract between you and your employer - you both have to stick to it. Your employer is likely to want you to keep the agreement confidential. Your employer will usually pay for you to get independent legal advice.

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