Health Care

Can You Still Receive Workers’ Compensation If You Resign?

Can You Still Receive Workers’ Compensation If You Resign?

Cardinal Law Partners October 26, 2020

People may quit their jobs for any number of reasons, but a pending workers’ compensation claim can complicate things. Employers may owe an individual workers’ compensation benefits; should the worker resign, he or she may wonder about eligibility for receiving such dues. The question therefore becomes, “Can I still collect workers’ comp if I quit my job?”  

Workers’ comp and Social Security Disability can be complicated, from the applications through the actual receipt of benefits. Job resignations aside, the best decision one can make in this situation is to hire an attorney who is knowledgeable and experienced in workers’ compensation and SSD benefits. Additional factors must be considered in the event of a job resignation.

Are You Going to Quit Your Job?

Before you make any decisions about quitting your job, it’s important to understand how your company handles workers’ compensation for employees who have resigned. If you voluntarily leave the company, it’s likely that your employer will try to argue for the end of the company’s legal responsibility to you. You will need a lawyer to prove that your injuries were the reason for your resignation. Before finalizing your resignation, however, it’s best to consult with your lawyer on the entire situation to ensure that you make the smartest decisions possible.  

Quitting Your Job Following a Claim

In the event that you feel you must quite your job, it may be best to wait until the after workers’ compensation claim has been settled.  It’s also important to ensure that you’ve reached the maximum medical improvement before you leave. Once your doctor has placed you at maximum medical improvement, working with an attorney can help you determine what constitutes a fair settlement for workers’ compensation as well as your total losses.

Starting a New Job

Before you start a new job, consider whether restrictions you might have from a previous workers’ compensation injury affects your ability to perform all of the new position’s functions.  It may be smart to provider your new employer written documentation of any permanent restrictions in order to protect yourself later on.  This prior documentation can prevent your employer from arguing that a pre-existing condition was responsible for your new injury if you are hurt at your new job (which could affect your eligibility for benefits under workers’ compensation).

Count on Cardinal Law Partners for Experience and Expertise

Any time a workers’ compensation case or SSD claim is considered, the best course of action is to hire an experienced and knowledgeable attorney. From handling confusing paperwork to fighting for individuals’ rights, Cardinal Law Partners will do everything within our power to simplify this complicated process and get you the representation you deserve.

Contact us today at Cardinal Law Partners for a free consultation.