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.
Risks of Quitting Your Job While on Workers’ Compensation
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.
Impact on Wage Replacement 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.
Increased Claim Scrutiny
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.
Loss of Light-Duty Opportunities
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.
Potential Medical Coverage Challenges
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.
Exceptions and Situations Where Quitting May Be Less Risky
While quitting is generally not advisable, there are situations where it may be justified, such as:
- Retaliation or Hostile Work Environment: If your employer retaliates against you for filing a workers’ compensation claim, quitting may be a reasonable response.
- Unsafe Working Conditions: If your workplace remains hazardous and threatens your recovery, leaving may protect your health.
- Medical Recommendations: If your doctor advises against returning to your job due to the risks of aggravating your injury, you should follow their orders.
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.
Switching Jobs
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.
Steps to Take If You’re Considering Quitting
If you are considering quitting, there are some steps you should take before doing so:
Document Your Reasons for Quitting
Keep detailed records of why you are quitting, such as:
- Retaliation or harassment by your employer
- Unsafe working conditions
- Medical recommendations against continuing in your current role
Notify Relevant Parties
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.
Be Consistent With Your Medical Treatment
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.
Consult a New York Workers’ Compensation Attorney
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.
Potential Alternatives to Quitting
If you’re struggling at work while on workers’ compensation, consider alternatives before resigning:
- Request Workplace Accommodations: Ask for modified duties or schedules under the Americans with Disabilities Act (ADA) to better support your recovery.
- Explore Temporary Leave: Take unpaid leave or use Family and Medical Leave Act (FMLA) coverage instead of quitting.
- Resolve Workplace Conflicts: Consider mediation or conflict resolution services to address issues without leaving your job.
These options allow you to maintain workers’ compensation benefits while addressing challenges at work.
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Can You Get Unemployment While Receiving Workers’ Comp Benefits
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.
How Workers’ Compensation Provides Benefits
Workers’ compensation benefits are designed to support employees who suffer work-related injuries or illnesses, regardless of their current employment status.
Eligibility Criteria
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.
Emplyment Status and Benefits
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.
Contact a New York Workers’ Compensation Lawyer Before You Quit
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.
