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Spanish Generally, if you are not restricted under the terms of a contract, you can quit your job while a worker’s compensation claim is pending. However, there may be drawbacks or risks when quitting work while there is a pending workers’ comp claim. Consulting with a California workers’ compensation attorney can help you determine what your best course of action will be.
Below, we’ll go through what to expect from worker’s compensation claims, some of the risks of quitting, and how best to approach your compensation claim.
Risks to Quitting Your Job With a Pending Workers’ Comp Claim
Your claim should not be affected if you quit while waiting for a decision, but what should happen and what does happen aren’t always in alignment. There may be some specific circumstances that affect your situation. Be aware of the following if you intend to quit your job before your workers’ comp claim is accepted:
New Job Requirements
Your benefits may be affected if your new position requires you to perform tasks that your workers’ comp doctor has restricted due to your injury.
Lost Wages
As an injured worker in California, if you can’t work or can only work at a lower-paying position, you receive two-thirds of your gross (pre-taxed) wages with a maximum cap determined by the state each year.
If you quit your job while your workers’ comp claim is pending, you may lose those temporary disability benefits, according to the State of California Department of Industrial Relations (DIR).
Confirmation of Medical Status
If you injury has caused a partial or total permanent disability, and you quit your job before your doctor confirms your medical status, you may risk the loss of some of your benefits.
Progression of Your Injury
Whether your injury heals quickly or complications cause it to worsen, you will need to keep all of your medical appointments and show up for rehab and physical therapy. Failure to attend appointments may be considered non-compliance with your treatment plan, which may cause your claim amount to be lowered or for your claim to be denied entirely.
However, as much as you might wish to continue your treatment, a new job may bring a loss of the ability to miss work to make those appointments.
Additionally, if your injuries worsen it may be hard to prove that the new job did not exacerbate your condition.
What If You Quit Your Job Because You Can’t Do the Work Offered?
While you may quit your job due to a number of different reasons, there is the possibility that you would like to stay at your job but it is not possible.
For example, if your employer offers you work but you are not physically able to do so or if it goes against a prescribed treatment plan from your doctor, you are not required to accept that work in order to keep workers’ compensation.
However, there are exceptions to this. For example, if your employer does not have any kind of work that you can physically do, then they are not required to offer you work to do.
Can an Employer Fire Me After I File a Workers’ Compensation Claim?
No, an employer is not allowed to fire you because you filed a workers’ compensation claim. Please note, however, that this is not protection from termination. Your employer may still let you go for other legal reasons.
If your fires you in retaliation for filing a workers’ comp claim for your workplace injury, you may have a case a case for a wrongful termination lawyer.
Steps to Secure Workers’ Comp Benefits Before Quitting a Job
Before quitting your job after a workplace injury, there are a few things to consider. These include, how quitting may impact your claim, whether you’ve made your workers’ compensation claim already, and, of course, whether quitting makes financial sense to you and your family.
Avoid Quitting Before Putting in Your Claim
Quitting your job before putting in a workers’ compensation claim can also negatively affect your claim. Insurance companies may see it as an attempt to retain a paycheck, while looking elsewhere for work, and you may need to work harder to prove that you are eligible to receive workers’ compensation. If you did quit before putting in your claim, then you will need to be able to prove that your injury took place at work. You may be able to prove this through:
- Coworker statements
- Surveillance footage of the accident that caused your injury
- Medical records
Meet all Reporting Deadlines
Additionally, it’s essential that all injuries are reported to the employer in a timely manner. In California, you typically have 30 days to report an injury to an employer in order to make a workers’ compensation claim.
Consult a Workers’ Compensation Attorney
If you have quit, or are considering quitting, consulting a workers’ compensation lawyer can help you better understand your options. They can help ensure that your rights are fully protected under California law, build a strong case for your claim, gather evidence that helps to support your claim if needed, file all necessary paperwork on time, and represent you in any required hearings before a workers’ compensation judge.
It’s Important to Seek Medical Care While Your Claim is Pending
As mentioned above, you should always report your injury as soon as possible. Most of the time, your injury will be reported the day it happened or the day after. It’s important to alert all medical professionals that your injury is work-related so that they will bill the appropriate company instead of you.
Even if your claim is pending, you may still receive treatment. However, there are rules for which doctors can treat you and whether you can switch to another doctor. Typically, your primary treating physician (PTP) is selected by your employer from a doctor within their insurance’s medical provider network (MPN). Your PTP will be for the first 30 days of your treatment.
In the case that you disagree with the PTP’s diagnosis or treatment plan, you can generally ask for a second opinion from another doctor on the MPN list of physicians. After 30 days, if additional treatment is required, you may be able to switch physicians (such as to your primary care physician) as well.
What Happens Once You Receive a Compensation Settlement Offer?
Typically, an insurance company will either negotiate with your or, if you have legal representation, with your workers’ compensation attorney. The goal of these negotiations is to find a compensation settlement amount that works for all involved parties.
If you quit your job, these negotiations may be affected. Your attorney can advise you on what to expect and how to prepare if that is the case.
Your Workers’ Comp Claim May Be Pending for 90 Days or More
Your claim may be pending for up to 90 days, as that is how long your employer’s insurance has to let you know its decision. However, that does not mean that you will automatically receive a settlement offer at the end of that 90 days. Instead, the decision may be that more information is needed. The insurance company can then send you a Notice of Delay to push out the decision past 90 days.
Your employers may need more time to obtain medical records, talk to witnesses to your injury, or obtain additional evidence.
Once a Settlement is Offered
There are two different types of settlement offers that you may receive.
- Stipulations With Request for Award: This involves an agreement on the amount of temporary or permanent disability payments that you will receive as well as the amount of future medical care.
- Compromise and Release: This is typically a lump sum payment. The lump sum may also contain an estimated amount for any future medical care you may need to receive.
Your workers’ compensation lawyer can explain these options to you and help you determine which option is right for you.
Rejecting a Claim Settlement Offer
You are under no legal requirement to accept a claim settlement offer. After working with your attorney and the claims administrator, you may be unable to reach a settlement that feels fair to you. If this is the case, the next step would be to present your case to a workers’ compensation judge. They will then make a decision on what benefits you should receive. Your workers’ compensation lawyer would represent you in front of the judge.
If Your Claim is Denied
If your workers’ compensation claim is denied, you will have several options for seeking financial assistance with your medical costs and lost wages. Your workers’ compensation attorney will provide counsel and assist you in the pursuit of appropriate compensation.
What Benefits Are at Risk if I Quit My Job While My Workers’ Comp Claim Is Pending?
In the state of California, employers are required to have workers compensation insurance no matter the size of their business. Workers’ compensation in California typically provides:
- Needed Medical Care: For treatment of your injury, workers’ compensation covers doctor’s appointments, diagnostic tests, prescription medications, medical equipment that you may need at home to treat your symptoms, and travel costs associated with treating your injury.
- Temporary Disability Benefits: These are payments made to you if you are losing wages because your injury prevents from doing your job.
- Permanent Disability Benefits: Payments made to you if your injury causes a permanent loss of physical or mental function that impacts your ability to work.
- Supplemental Job Displacement Benefits: This is a voucher to pay for retraining or skill enhancement. However, these vouchers are only eligible to those who are eligible to receive permanent disability benefits and who are not offered a return to work from their employer or who don’t return to work for that employer.
- Death Benefits: These are payments made to a surviving spouse, children, or other dependents, if someone dies because of a job-related illness or injury.
Again, while quitting during a pending claim does not automatically disqualify you for worker’s compensation benefits, it’s important to weigh your options carefully. These benefits can provide crucial money and resources for your family members during uncertain times, so it may be best to seek legal guidance.
What If You Can’t Physically Return to Work But Are Not Permanently Disabled?
If a doctor has not declared you permanently disabled, but you feel you are not physically able to return to work, there may be a few avenues for help. These are:
- State Disability Insurance (SDI)
- Social Security Disability benefits
- Employer or union benefits, if offered by your employer or organization
You should also note that the Americans with Disabilities Act (ADA) prohibits employers from discriminating against you because of a physical or mental impairment as long as you can perform essential job functions.
Get Help With Your Pending Workers’ Compensation Claim
Navigating workers’ compensation claims after a workplace injury can be complicated, especially if you either quit your job or are planning on quitting your job. If you are struggling with pain from injuries and juggling a new financial situation, your workers’ compensation claim may seem overwhelming to do. A workers’ compensation lawyer can help you throughout the process, from communicating with the claims administrator on your behalf to gathering evidence that proves your claim and giving you guidance on settlement offers.
Our workers’ compensation attorneys at KJT Law Group offer free no-obligation case evaluations at any point in the process. We invite you to schedule your visit and get your important questions answered by attorneys who have worked in this field for years.
You always work directly with our attorneys and we treat each case individually, so you get personalized attention and care. We fight for your right to the benefits and compensation settlement or verdict that you deserve.
