Rehiring After a Workers’ Compensation Claim: Understanding Your Options and the New Rules
Injured workers in Oregon ! You now have more control over your reemployment rights thanks to House Bill 3471, which changed the game regarding “no-rehire” provisions in workers’ compensation settlements.
But before we break it down, let’s talk about rehire rights: The ability to regain your job or a similar position with your employer after a work-related injury. These rights are crucial for your financial security and career stability.
The Old Way (Not So Great):
Traditionally, settlement agreements often included “no-rehire” clauses, essentially barring you from ever working for your employer again. This could severely limit your job opportunities, especially if you had specialized skills or a long tenure with the company.
The New Way (Much Better):
HB 3471 prohibits employers from making settlement offers contingent on accepting a no-rehire clause. You now have the freedom to choose!
Here’s the Breakdown for Rehire After Injury:
Pros of including a no-rehire clause:
- Larger settlement: Employers might offer more money in exchange for agreeing not to return.
- Closure: For some, a definitive end to the relationship might be desired.
Cons of including a no-rehire clause:
- Limited future opportunities: You could miss out on promotions, re-employment, or returning to your old job if circumstances change.
- Reduced earning potential: This could impact your long-term financial stability.
- Potential discrimination: Agreeing to no-rehire might raise concerns about unfair treatment in future applications.
Important Reminders:
- You cannot be pressured into accepting a no-rehire clause. The offer must clearly state if settlement is conditional on it.
- You can negotiate: Discuss settlement amounts without the no-rehire clause and see if it’s feasible.
- Seek legal advice: An employment attorney can explain your rights and guide you through the process.
So, should You Sign a No-Rehire Clause?
It depends entirely on your individual circumstances and priorities. Consider factors like:
- Severity of your injury: Will it affect your ability to perform your previous job?
- Future career plans: Do you see yourself staying with the company long-term?
- Financial needs: Does the increased settlement outweigh potential future earnings?
- Relationship with employer: Do you feel comfortable returning after the incident?
Remember, you have the right to choose. Don’t let pressure or misinformation sway your decision. Weigh the pros and cons carefully, and seek professional guidance if needed.
Additional Resources:
- Oregon Department of Consumer and Business Services: https://wcd.oregon.gov/
- National Conference of State Legislatures (NCSL): This website tracks state-level legislation and has a database on worker’s compensation laws. You can search by keyword or topic to see if other states have introduced or passed similar bills related to no-rehire provisions.
- The Workers’ Compensation Research Institute (WCRI): This organization publishes research and reports on topics related to workers’ compensation, including legislative trends. You can browse their publications or search for specific information on no-rehire provisions.
Empower yourself with knowledge and make informed choices about your rehire rights! You deserve a fair settlement and a future filled with opportunity.