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.
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