Yes, you can quit your job while on workers’ compensation, but doing so is not advisable. While workers’ compensation benefits are tied to your workplace injury rather than your employment status, leaving your job can complicate your claim and potentially jeopardize your ability to continue receiving benefits.
Quitting raises red flags for employers and insurance companies, who may question the severity of your injury or challenge the legitimacy of your claim. Moreover, resigning can eliminate options like light-duty assignments or workplace accommodations, which are often instrumental in maintaining eligibility for ongoing wage replacement benefits.
If you’re considering quitting after a work injury, a New York workers’ compensation lawyer can evaluate your unique situation, guide you through potential risks, and help protect your right to the medical and financial support you need during recovery. Below, we’ll explain some of these factors you should consider before quitting.
You are likely wondering: Do I lose workers’ comp if I quit my job? However, the question isn’t as straightforward as it seems. Below are a few of the risk factors for quitting your job while collecting workers’ compensation benefits.
Quitting your job while receiving workers’ compensation can jeopardize your wage replacement benefits. If you resign from your job, you can’t claim that your injury is the reason you lost those wages.
Leaving your job may prompt employers and insurance providers to scrutinize your claim more closely. They might question whether your injury is as debilitating as claimed, creating delays or challenges in accessing benefits.
If your employer offers a light-duty position as part of your recovery, quitting eliminates your access to this option. Accepting light-duty work is often critical to maintaining eligibility for wage replacement benefits, and rejecting or forgoing such opportunities can impact your claim.
While medical benefits usually continue even after quitting, insurers may become more aggressive in disputing ongoing treatment needs. This could lead to disputes over whether further care is necessary, adding stress during your recovery.
While quitting is generally not advisable, there are situations where it may be justified, such as:
If you feel unsafe or mistreated at work, document the incidents, report them to your supervisor or HR, and file a complaint if necessary. Consult a New York workers’ compensation attorney to ensure your rights are protected, especially if the mistreatment relates to your injury or workers’ comp claim.
You may be able to switch jobs and continue receiving benefits if your injury continues to affect your ability to work. However, it’s important to note that benefits are based on your pre-injury earnings. So, if your new job has a higher salary, that may impact the amount of benefits you are able to receive.
Before quitting or switching jobs, consulting a New York workers’ comp lawyer can help you assess potential risks and ensure your decision does not unintentionally compromise your benefits.
If you are considering quitting, there are some steps you should take before doing so:
Keep detailed records of why you are quitting, such as:
Inform your employer of your decision in writing and maintain professionalism. You must also report your employment change to the Workers’ Compensation Board or insurer promptly to comply with legal requirements.
Continue receiving medical care for your work-related injury. You should also save all medical records, treatment notes, and receipts to support your claim if disputes arise.
Speak with an attorney to understand the legal and financial implications of quitting your job while on workers’ compensation. They can help protect your rights and ensure your benefits are not unfairly impacted.
By taking these steps, you minimize the risk of jeopardizing your workers’ compensation benefits.
If you’re struggling at work while on workers’ compensation, consider alternatives before resigning:
These options allow you to maintain workers’ compensation benefits while addressing challenges at work.
In New York, if you are receiving workers’ compensation benefits due to a work-related injury that prevents you from working, you are generally not eligible for unemployment insurance benefits simultaneously. Unemployment benefits require you to be “ready, willing, and able to work immediately” and actively seeking employment. Additionally, you typically can’t seek unemployment if you quit your job.
It’s also important to note that you typically cannot collect unemployment benefits and disability benefits for the same period.
Workers’ compensation benefits are designed to support employees who suffer work-related injuries or illnesses, regardless of their current employment status.
To qualify for workers’ compensation in New York, an individual must be classified as an employee and have sustained an injury or illness directly related to their job duties.
In New York, almost all employers are required to have workers’ compensation insurance coverage for their employees.
While you are legally able to resign from your position while receiving workers’ compensation benefits, such an action can complicate your claim or jeopardize your right to benefits. Employers must report any changes in an injured employee’s employment status, including resignation, to the Workers’ Compensation Board.
This change may prompt a review of your benefits and impact the continuation of wage replacement payments. So, it’s crucial to consider the potential implications for your benefits before making any employment decisions during this period.
If you’ve been injured on the job, you’re likely dealing with many additional stresses. Quitting your job while receiving benefits will often complicate matters even more.
One of our New York workers’ compensation lawyers can offer guidance on your next steps if you’re thinking about quitting your job but are worried about losing workers’ compensation benefits.
At O’Connor Law, we’re everyday lawyers for everyday people. We’ll help you from the moment you injure yourself and throughout the workers’ compensation claim process. Contact our team today to learn more about us and request a free review of your case.
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At O’Connor Law, we understand the pain and frustration that can accompany a life-changing injury or illness. Whether you’re seeking New York workers’ compensation benefits or need to apply for Social Security disability, we’ll fight for your rights so you can focus on what matters most: taking care of your health and the ones you love.
When an injury or illness has left you unable to work, you’re facing an uncertain future. How will you access the medical care you need? How will you pay your rent and continue to put food on the table? What happens if you’re faced with unexpected expenses?
At O’Connor Law, we know that workers compensation and Social Security disability benefits play a vital role in providing a sense of financial stability when disaster strikes. Let us alleviate some of your fear and anxiety by helping you to access the benefits you need for yourself and your family in New York.
You’ve worked hard your whole life, and we believe you deserve to be taken care of in your time of need. If you’ve been hurt in a work-related accident or are struggling with the effects of a repetitive stress injury related to your employment, the New York workers compensation system provides vital medical care and wage replacement benefits.
Although some workers comp claims are settled quickly, cases involving serious injuries or substantial time missed from work can be quite complex. If your employer is contesting the seriousness of your injuries, we can document your condition and appeal your denial with the Workers Compensation Board.
Social Security disability benefits provide monthly cash payments to individuals who suffer from serious medical conditions limiting their ability to work full-time. The program is funded by the Social Security taxes paid by all part-time and full-time workers.
If your condition has left you unable to work, we can assist you in preparing your initial application for benefits or navigating the appeals process. Don’t let small mistakes or simple omissions jeopardize your eligibility for the benefits you’ve been counting on.
At O’Connor Law, we take pride in our empathic and holistic approach to helping clients navigate one of the most challenging times in their lives. We’ll clearly explain your options and provide regular status updates on your case so you can make informed decisions about what happens next.
To get started, call our New York voffice today at (914) 595-4502 or take a moment to complete our online contact form. A member of our team will be in touch shortly to answer your questions and schedule a free, no-obligation consultation.
