Some people who receive workers’ compensation benefits feel like their lives are on hold. As they go through treatment to recover from their injuries, they feel they won’t be able to return to their former line of work. But they’re afraid they will lose benefits if they quit a job while on workers’ comp.
If you are receiving workers’ comp benefits for a workplace injury, leaving your current job can complicate your claim. Whether you can resign without losing benefits depends on factors such as the type of benefits, your ability to work, and your reason for quitting.
Even if leaving a job doesn’t automatically end a workers’ comp claim, your employer may raise questions about why a worker no longer on the payroll is still receiving workers’ compensation benefits and seek to cancel paying benefits. Before resigning from your job, you should fully consider the potential consequences with the help of an experienced attorney.
The Raleigh workers’ compensation attorneys at Hardison & Cochran can help you seek all the benefits available to you by law. We’ll work to make sure you understand what is happening in your case and the possible consequences of decisions you need to make about your future.
Two Parts to Your N.C. Workers’ Compensation Benefits
The basic workers’ compensation benefit in North Carolina is two-fold:
- Medical benefits cover all reasonable costs related to treating a workplace injury. From the ambulance that responds to an accident, to hospitalization, surgery, rehab, and counseling, no medical costs come out of the injured worker’s pocket. Workers’ compensation pays for all medical exams and procedures, prescriptions and over-the-counter medications, and even mileage to and from the doctor for follow-up appointments.
- Disability benefits replace two-thirds of your weekly wages, up to a state cap, while you cannot work. These begin after you have missed 7 days of work and may continue for up to 500 weeks (although you can be paid retroactively for the first 7 days if you are out of work for more than 21 days). In certain cases of permanent disability, benefits may be extended.
The effects of quitting your job will be different for each type of workers’ comp benefits.
Medical Benefits After Resigning
An eligible injured worker’s medical expenses should be paid by workers’ compensation for as long as the assigned doctor says the patient needs medical care for the work injury. Job status generally does not affect medical benefits. Still, your employer may try to terminate your benefits by arguing that your condition has improved or that you are turning down suitable work.
If you have already left your job and your employer has stopped paying your workers’ comp medical benefits, or has threatened to, you need to speak to an experienced workers’ compensation attorney right away.
Workers’ Comp Disability Benefits and Job Status
Workers’ compensation disability benefits exist to support injured workers financially while they receive medical care. There are four types of disability benefits:
- Temporary total disability (TTD)
- Temporary partial disability (TPD)
- Permanent partial disability (PPD)
- Permanent total disability (PTD)
Temporary disability benefits (TTD and TPD) generally end when a worker resumes work at the same or a higher wage than before the injury. If an injured employee receiving workers’ comp benefits quits their job, their employer or insurance administrator will likely review their eligibility for benefits based on wages.
What Happens If You Resign?
Many employers will take the position that they no longer have an obligation to pay an employee who voluntarily leaves a job. Temporary disability benefits are paid based on a medical prognosis of eventual recovery and return to work. Now, the employee isn’t returning to work.
If you decide to leave the workforce, you should expect to lose disability benefits, unless you qualify for permanent disability payments. If it’s not your employer, the insurance company will likely seek to discontinue payments.
Under North Carolina law, your benefits may be terminated if you turn down a suitable job without a valid reason. However, your employer or their insurer must first file Form 24 and get the North Carolina Industrial Commission‘s approval.
What Happens If You Change Jobs?
Let’s say you have resigned to take another job, which requires different abilities not affected by your injury. If this position pays as well or better than your former job, you have recovered financially, and it makes sense for wage benefits to end. You lose nothing.
But what if the new job pays appreciably less money? In this case, you might argue that your injury still adversely affects your ability to earn a living, so you are entitled to partial disability benefits to cover some of your continued wage loss.
We strongly suggest that you enlist an experienced attorney to make this case for you. Plus, there is always the possibility that your injury has more of an effect on performing your new job than expected, and the new position doesn’t work out. You would want to reinstate your full disability benefit, which a lawyer might be able to help you do.
Look Ahead Before Resigning While on Workers’ Comp
If you are receiving workers’ compensation benefits and recognize that a change in jobs is what is best for you, a workers’ compensation attorney can help you settle your claim without losing money you are due.
Under the ideal circumstances, you will have reached maximum medical improvement (MMI), or the best recovery expected from your workplace injury, before quitting your job. This will mean further treatment won’t improve your condition, so all your outstanding medical costs can be calculated and included in a settlement. Any anticipated future expenses can also be estimated more accurately when you have a better idea of your long-term condition.
Contact a North Carolina Workers’ Compensation Lawyer
If you suffer a workplace injury and leave your job while receiving workers’ compensation, you could easily leave money on the table that should go into your pocket. Workers’ compensation is a complicated program, and most workers who enter the system after being injured do not fully understand it. An experienced attorney can help you navigate the workers’ comp system and protect your right to benefits.
The team at Hardison & Cochran has successfully handled workers’ comp claims across North Carolina for more than 30 years, such as the $3 million recovery we secured for a workplace car accident victim.*
Here’s what one of our clients had to say about working with us:
“Hardison & Cochran helped me with a work related injury. They walked me through every step. They were very caring and professional. I would recommend them to anyone who wants great representation. Thank you for all you’ve done for me Hardison & Cochran.”
– Doris C.
Contact the workers’ compensation attorneys at Hardison & Cochran toll-free at (800) 434-8399 or fill out our online contact form. You’ll get a response within 24 hours. Let our Raleigh workers’ compensation lawyers help you today.
*Each case is unique, and past results do not guarantee future outcomes.
