There are a lot of reasons you may quit your job. But, if you have a pending workers’ comp claim and you quit your job, this can complicate the claim. Your boss may argue that the legal responsibility of their company to you ends when you resign from the company. Thankfully, an experienced employment attorney richmond va can fight to prove that you needed to resign because of your injuries. But, it is best to discuss your decision to resign before you tender your resignation.
Your Employment Status and Workers’ Comp
Workers’ compensation benefits are meant to pay medical expenses related to a work-related injury or replace a part of wages lost during recovery or because of a disability. After you suffer a workplace injury, your employment status should not impact your eligibility for workers’ comp medical benefits. You may need to leave the workforce because of your injuries. And workers’ comp continuously pays for doctor-authorized medical treatment and ongoing care needs.
Should you quit your job or move to a new job and you still have bills from previous treatment and require more treatment related to your injury, workers’ comp must continue to pay for them. But, you need to give evidence that you sustained your injury on the job before you quit. Otherwise, your claim may be under suspicion by your employer and the insurance administrator.
Wage Replacement Benefits
If you quit your job, you may no longer receive weekly wage replacement benefits from your previous employer. These benefits are meant to support you until you can recover and return to work. For your employer, your resignation can indicate your decision to give up the income from your employer, ending their obligation to pay wage-replacement benefits. But, you may still be owed disability benefits if your workers’ comp claim has not been settled. Make sure to consult an employment lawyer before you hand in your resignation. Your lawyer will help you understand the extent of benefits your employer owes you and how your resignation may affect them.
If you want to quit your job after filing a workers’ comp claim, consider doing so after your claim has been settled. Also, wait until you have reached maximum medical improvement from your injury before you leave the job. After your treating physician has signed off on your medical treatment, your lawyer can calculate your total losses and negotiate a fair workers’ compensation settlement for you.
