What Happens with My Workers’ Comp If I Quit My Job?

Are you wondering how quitting your job might affect your North or South workers’ compensation claim? Quitting could significantly impact your benefits. Understanding your rights is vital to protecting your future. Stewart Law Offices offers a free consultation where you can discuss your case and get answers to your questions. Contact us today to learn more.

How Will Quitting Affect My Workers’ Compensation Claim?

If you quit your job after an injury but before filing a workers’ comp claim, proving that your injury relates to your job becomes more difficult. The North Carolina Workers’ Compensation Act explains this no-fault insurance covers injuries that directly result from your work activities or occur while you are on the job. If you leave your company, you might struggle to gather the necessary evidence or witness support to link your injury to your employment.

Even if you have already started receiving workers’ compensation benefits, quitting could still complicate your situation. Some benefits, like workers’ comp medical benefits or weekly wage replacement benefits, might stop if you are no longer employed. If you quit while on workers’ compensation, your employer or their workers’ compensation insurance company might argue that you quit your job to go to work somewhere else so you no longer need benefits. This could lead to a reduction or termination of your benefits. They could also argue that you have effectively left the workforce if you didn’t leave to take another job. Since weekly benefits are wage replacement benefits and you’d no longer be getting a wage, you’re not entitled to those benefits, according to this argument.

However, if you quit your job because you were put on light duty work restrictions and your employer doesn’t have a position to accommodate your work injuries, you may be entitled to continued benefits under your active workers’ compensation case.

This situation can be complicated, so it is best to work with an experienced workers’ comp lawyer before you leave your job. The attorneys at Stewart Law Offices are familiar with workers’ compensation law and can explain the potential legal and financial consequences of quitting your job while receiving workers’ comp benefits.

Which Workers’ Compensation Benefits Can I Continue to Receive?

If you quit your job, you might still be eligible to receive workers’ compensation benefits, depending on the circumstances of your claim and your injuries.

For instance, you might continue receiving payment for ongoing medical expenses if you have an accepted workers’ compensation claim recognizing your injury as work-related. Medical benefits cover the costs of treatment for your injuries, including doctor visits, physical therapy, and necessary surgeries. The key here is that these treatments must relate directly to the injury you sustained while employed.

You could also be entitled to disability benefits if your injury still affects your ability to work, regardless of your employment status. These benefits fall into two categories: temporary disability benefits, which you receive if you are temporarily unable to work, and permanent disability benefits, which apply if your injury permanently impacts your ability to perform work-related tasks. You could continue receiving these benefits even if you quit as long as your doctor confirms that you are not medically fit to work.

If you have been receiving permanent total disability benefits before you quit your job, you should continue to receive those benefits even after you quit, as you will be unable to return to the workforce. If you accepted a lump sum settlement after the workplace accident, these benefits should not be affected unless the terms of the agreement state otherwise.

However, eligibility to continue receiving temporary total disability benefits after quitting can be complex and often hinges on proving that your work-related injury still limits your capabilities. It’s wise to consult an experienced workers’ compensation attorney who can provide guidance based on your specific situation and work to get you all the benefits you are entitled to.

Difference in Quitting and Constructive Discharge

Quitting your job and being constructively discharged are two distinct ways of leaving your employment. Both can have different implications for workers’ compensation claims.

When you quit your job, you choose to leave voluntarily. You might resign for various personal reasons like pursuing a new job offer, wanting to relocate, or seeking a change in your career path. This decision to quit could affect your workers’ comp disability benefits, but it still comes directly from you.

A constructive discharge occurs under different circumstances. It happens when your employer makes your working conditions so unbearable that any reasonable person would feel compelled to leave. Examples include severe harassment, unsafe work environments, or significant, unwelcome changes to your job responsibilities. It’s worth noting that it is unlawful for an employer to create such conditions as a response to you filing a workers’ comp claim. This would be considered illegal retaliation.

The nature of your departure from your job is essential, particularly in the context of workers’ compensation. This is because your reason for leaving can significantly impact your eligibility and rights to continue receiving benefits. A workers’ comp attorney can review your situation to determine if you are still entitled to benefits.

Should I Wait to Quit if I’m on Workers’ Compensation?

If you are currently receiving workers’ comp benefits, it’s usually wise to wait until you’re able to return to work, have reached maximum medical improvement, and can secure a workers’ compensation settlement before leaving your job. Quitting could complicate your situation and affect your ability to continue receiving benefits.

When you stay employed while on workers’ compensation, you maintain a clear connection between your injury and your job. This clarity makes it easier to prove that your injury is work-related, which is essential for receiving benefits. Also, if your ability to work changes or you recover, being employed might allow you to return to work gradually or shift to a light duty job as your doctor allows.

The experienced workers’ compensation lawyers at our law firm understand that it is not always possible for injured workers to continue employment. If you sustained an on-the-job injury, our experienced lawyers can work tirelessly to seek compensation for medical costs, wage loss benefits, disability payments, and other benefits you may be entitled to.

What to Do Before Quitting Your Job While Receiving Workers’ Compensation Benefits

Before quitting your job while receiving workers’ comp benefits, you should take several important steps to protect your interests, if possible. First, consult an experienced workers’ compensation attorney. They can advise you on how quitting might impact your benefits and help you make an informed decision.

Next, consider discussing your situation with your employer. They might offer accommodations or alternatives that could allow you to continue working, which could strengthen your claim for ongoing benefits.

Finally, gather and organize all medical documentation related to your injury. This documentation should clearly detail your medical condition, how the injury occurred, and the medical treatment you are undergoing. Having thorough records will support your workers’ comp case.

Contact an Experienced Workers’ Compensation Lawyer for Help with Your Claim

Are you concerned about how quitting could affect your workers’ comp benefits? Contact Stewart Law Offices today for a free case review to get clear guidance and support. Our team is here to provide the straightforward advice you need to understand your rights.