Can You Quit Your Job While on Workers' Compensation?

 Can You Quit Your Job While on Workers' Compensation?

Suffering a workplace injury can be traumatizing, both physically and emotionally. Even if you’re expected to make a full recovery, you may not want to return to the dangerous work environment that left you impaired. Or, perhaps you’re worried that your boss and co-workers will tease you about your injury when you return to work. Maybe you just don’t like your job. Whatever the case may be, if you’re thinking about quitting your job while out on workers’ compensation, you probably want to know if it’s a good idea – or if it’s even possible.  

Here’s the good news: Just because you’re collecting workers’ comp doesn’t mean you’re stuck at your job. However, resigning while you recover could affect some of your benefits.

Employment status and medical care

If you were injured at work during the course of employment, you are entitled to receive medical care for your injury for as long as needed – regardless of your employment status. You can quit your job the day after your injury and still receive workers’ comp benefits that pay for any related hospital bills, doctor visits, surgeries, prescription medications, and assistive devices. In other words, you will continue to receive medical care for your injuries if you indeed quit your job.

What about my disability benefits?

Temporary disability benefits are designed to supplement an injured employee’s income while he or she is unable to work, or work with restrictions. If you quit while on workers’ compensation, you lose the right to collect temporary disability benefits. Workers who suffer severe injuries on the job may be given a permanent disability rating. If you have a permanent disability, quitting before your condition stabilizes could reduce the amount you ultimately receive. After your case has concluded and your benefits have been calculated, you can quit your job and continue to collect permanent disability benefits in most cases.
Are you thinking about quitting your job while on workers’ comp?

Contact a Workers’ Compensation Lawyer Before Quitting

It’s important to understand every possible way resigning from your current position will affect your workers’ compensation case. Before you quit, contact a workers’ compensation lawyer. While you’ll continue to receive medical care, quitting your job before you return to work could impact the value of your case or put an end to your disability benefits entirely. This could leave you without an income, unless you have a better job lined up and you’re cleared to start working. 

If you have already quit your job and are considering filing a workers’ comp claim, it’s also smart to contact a lawyer. You will have to show that your injury forced you to quit if you want to receive workers’ comp benefits. Plus, proving your injury happened at work—through video surveillance or witness testimony, for example—will be crucial to a successful outcome. This can be challenging to do alone; luckily we’re here to help.

At the Law Office of Gerald Brody & Associates, we’ve been helping injured workers build strong workers’ compensation claims for decades. Our attorneys can help you make sense of your case, gather evidence, and submit the proper forms on time to ensure you receive maximum compensation for your injuries.

Call us at (619) 528-9800 to schedule your free consultation.