What Happens if I Quit My Job During a Pending Workers’ Compensation Claim?

Quitting your job during a pending Workers’ Compensation claim can significantly affect your benefits. It is critical to understand what could happen before giving notice.

Can My Employer Use My Resignation Against Me?

Your employer might use your resignation as a defense against your Workers’ Compensation claim. They could argue that you left the job for reasons unrelated to your injury, which might complicate your case.

Employers may claim that your resignation indicates a lack of severity or necessity regarding your injury. This could potentially reduce the credibility of your claim, making it more challenging to obtain or continue receiving benefits.

How Does Quitting Impact Permanent Disability Benefits?

Permanent disability benefits might also be affected by your decision to quit your job. These benefits are determined based on your ability to earn future income. If you resign, it can be challenging to demonstrate that your disability affects your earning capacity. The insurance company may argue that your unemployment is due to your voluntary resignation rather than your disability, which could reduce or eliminate your entitlement to these benefits.

Quitting can also impact your temporary disability benefits. These benefits are typically based on your work ability and income during the injury. If you voluntarily leave your job, it might be argued that you are no longer entitled to these benefits, as your unemployment is not solely due to your injury.

Should I Discuss My Resignation With My Attorney?

We recommend discussing your resignation with your attorney before making any decisions. They can provide guidance on how quitting might impact your Workers’ Compensation claim and help you understand your rights and options. They can also assist in developing a strategy to protect your benefits. Legal advice is invaluable in navigating Workers’ Compensation law.

What If I Quit Due to the Employer’s Conduct?

If you are quitting your job due to harassment, discrimination, or other illegal conduct by your employer, it is essential to document these reasons. This information can support your Workers’ Compensation claim and may provide grounds for additional legal action against your employer.

Inform your attorney about any misconduct, as this information can be central to your case. Proper documentation can help establish that your resignation was necessary and justified, protecting your rights and benefits.

How Can I Protect My Workers’ Compensation Claim If I Resign?

To protect your Workers’ Compensation claim if you decide to resign, consider the following steps:

• Discuss your decision and potential impacts on your claim with your attorney.
• document the reasons for your resignation, especially if they relate to your injury or employer conduct.
• Continue following your doctor’s recommendations and attend all medical appointments to demonstrate the seriousness of your injury.
• Keep open lines of communication with your employer regarding your injury and intentions to resign.
• Ensure all Workers’ Compensation paperwork is accurately completed and filed on time.

Resigning from your job during a pending Workers’ Compensation claim requires careful consideration and planning. Understanding the potential impacts on your benefits and consulting with an attorney are essential steps to protect your rights. Proactive measures can help you continue to receive the necessary support and medical treatment for your injury, even after leaving your job.

A Philadelphia Workers’ Compensation Lawyer at Freedman & Lorry, P.C. Can Represent You in a Worker’s Compensation Claim Case

If you are considering quitting your job during a Workers’ Compensation claim, an experienced Philadelphia Workers’ Compensation lawyer at Freedman & Lorry, P.C. can help. For a free consultation, submit our online form or call 888-999-1962. Located in Philadelphia and Cherry Hill, New Jersey, we serve clients in New Jersey and Pennsylvania.