There are many reasons you might consider quitting your job while receiving workers’ compensation benefits. It could be because you don’t feel safe doing your old job anymore or because you fear retaliation at work.
Before you make any big decisions, it’s important to understand how quitting your job could affect your Arizona workers’ compensation benefits. Keep reading to learn more from the attorneys at Matt Fendon Law Group.
Can I Quit My Job and Still Get Workers’ Compensation?
The short answer is: Yes, you can quit your job and potentially still receive some workers’ compensation benefits. However, the amounts and types of benefits you are entitled to receive may look different if you decide to quit your job while your claim is ongoing.
When you are hurt on the job, your employer is considered legally responsible for any medical costs you incur for a qualifying work-related injury. This obligation applies whether or not you continue working for the company. Any medical expenses you suffer after a workplace injury should be covered by your employer, even if you switch jobs.
Resigning While on Workers’ Compensation: What Happens?
In most workers’ compensation claims, workers who cannot return to work for a significant period of time can receive benefits for a portion of their lost wages. However, these lost-wage benefits are typically provided with the understanding that the employee will return to work once they are able.
If you resign while receiving workers’ compensation, your weekly disability benefits may be cut off, even if you are still entitled to coverage for your medical expenses. Depending on your reasons for resigning, it may be better to wait until your claim is resolved before quitting.
Can You Apply for Another Job While on Workers’ Comp?
Nothing can stop you from applying to other jobs while you are receiving workers’ compensation benefits, but accepting a new position could affect the value of your benefit payments. This is because when you start a new job, you are required to report your wages to your former employer’s workers’ comp insurance carrier.
If your new job pays less than your old job, you could still receive a portion of your weekly disability benefits. However, if the new job pays more, the insurance company may use this as an excuse to discontinue your weekly benefit payments.
If I Voluntarily Resign, Will It Affect My Workers’ Compensation Claim?
Yes, especially if you are receiving weekly lost wages benefits for a disability. If your employer offers light duty work after your injury and you choose to find a new job instead, your employer will have the right to terminate your weekly benefits.
If you sustained catastrophic injuries that will prevent you from finding other employment in the future, you likely have grounds for a permanent disability claim. In addition, if you voluntarily resign before settling, your former employer could contest your right to permanent and total disability benefits.
Do I Need a Workers’ Compensation Lawyer in Arizona?
The worst thing you can do in an Arizona workers’ compensation claim is rush. While there are important deadlines to remember, it’s incredibly easy to overlook valuable benefits when you’re in a hurry to settle your claim or quit your job.
At Matt Fendon Law Group, our experienced Arizona lawyers will work relentlessly to protect your rights and help you seek the compensation you deserve. If you’re thinking about quitting while receiving workers’ comp benefits, contact us for legal advice in a free case review.