What to Know About Leaving Your Job After a Workplace Injury or Illness
If you suffer a debilitating injury or illness while at work, you are likely entitled to collect workers’ compensation benefits. These benefits help to provide coverage for your losses, such as your medical care and wages (disability benefits). If you decide to quit your job while receiving workers’ compensation, these benefits could be impacted.
At LNN, we provide dedicated representation for individuals who have been injured while at work. We are experienced workers’ compensation lawyers that will not rest until you receive the benefits you deserve. If you need to file a workers’ compensation claim or have already filed but are being denied benefits, contact our office at (213) 232-4848 to schedule a free consultation.
When Do I Receive Workers’ Compensation Benefits?
In California, the vast majority of people who are injured or suffer an illness at work are entitled to workers’ compensation benefits. In many cases, workers’ compensation is the exclusive remedy for people who are injured while at work.
Workers’ compensation benefits provide coverage for your:
To be eligible, the injury must have been sustained, or the illness must have been contracted within the course of work. Many times, valid workers’ compensation claims are denied because a person is unsure of how to explain how they were injured. An attorney can help ensure that your claim is accurate and reduce the risk that it will be denied.
What If I Quit My Job While Receiving Workers’ Compensation Benefits?
Throughout the course of your recovery, you might think about quitting your job. It is important to know that your workers’ compensation benefits may be impacted if you quit your job. However, the benefits that you are receiving for your medical care and treatment should not be affected by your employment status. In other words, you are still entitled to compensation for your medical bills even if you decide to quit your job.
Your disability benefits, on the other hand, may be reduced or lost completely if you quit. If you are receiving temporary disability benefits or wage replacement benefits, you will lose the right to collect them once you quit your job. If you are receiving permanent disability benefits, you may still be entitled to collect them unless your condition improves prior to your quitting.
When It Might Make Sense to Quit
It is a bad idea to quit your job while on workers’ compensation before consulting with a trusted lawyer. The stakes are far too high to leave to chance, and having the focused legal guidance of a skilled legal representative can make a difference in how your claim is ultimately resolved. There are, however, specific circumstances when doing so can potentially make sense.
Your Attorney Advises You to Do So
If you have discussed the matter carefully with your experienced workers’ comp lawyer and they have advised you to quit, your situation involves unique circumstances. In such a case, quitting your job is likely in your best interest.
Your Claim Has Reached a Full and Final Settlement
If the following apply, it is another situation in which quitting your job may not be ill-advised:
- Your workers’ compensation claim has been resolved, and it includes a full and final number regarding your future medical needs.
- You are not dependent on your job in relation to ongoing benefits, such as your healthcare coverage.
Quitting your job may even be part of the settlement package.
You Have Been Terminated for an Unrelated Reason
If your employer has terminated you for a reason that has nothing to do with your workers’ compensation claim, it should not negatively affect the claim itself.
You Have Been Offered Another Job
If you have already been offered another job that does not violate the relevant medical restrictions, quitting your current job may be a solid option.
Workers’ compensation claims are challenging legal matters that involve wide-ranging legal intricacies. Further, your claim will be unique to your unique situation.
Key Actions to Take
There are several important actions every workers’ compensation claimant should take. And if you are considering quitting your job while your claim is pending, they are that much more important.
Consult with an Attorney Early On
The benefits of having a focused lawyer in your corner from the start cannot be overstated. Your knowledgeable legal counsel will spare no effort on your behalf, which includes considering your claim from every angle. In order to protect your rights and your rightful compensation, you should not quit your job without the thoughtful input of legal representation.
Maintain Careful Documentation
Whether or not quitting your job while receiving workers’ compensation is in your best interest will hinge on the details involved. This makes it important to carefully document every aspect of your claim, including:
- The original incident report
- The testimony of those who witnessed the incident in question
- Any photographic evidence
- Evidence that defines your lost earnings, including your past and current pay stubs
- Your employment records
- Your medical team’s reports, including your functional capacity evaluation and your health prognosis
- Your medical bills and your nonmedical expenses
- A personal journal that documents how the work-related injury affects your life on a daily basis, including in relation to your pain levels and symptoms
- A phone log of relevant calls that includes dates, times, the names and positions of those involved, and a summary of each conversation
- Copies of all written correspondence with your employer, your medical providers, and the insurance company
Finally, do not quit your job without a solid backup plan. Failure to do so could leave you with less compensation than you deserve.
Filing for Workers’ Compensation? Contact Our Office.
If you were injured while at work in Los Angeles, you might be able to file a claim for workers’ compensation benefits. However, you should always consult with an attorney before filing the claim to determine your legal options. If you are considering quitting your job while on workers’ compensation, you need to determine how your benefits will be affected.
At LNN, we can help you understand the legal process and what you should expect if you decide to leave your job while still receiving workers’ compensation. Our knowledgeable legal team will help ensure that you get the best possible outcome and keep the benefits that you are entitled to. Contact our office today at (213) 232-4848 to schedule a free, no-obligation consultation.
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