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The Aftermath of Quitting Amidst a Workers’ Compensation Claim

If you quit your job after filing a workers’ compensation claim, it does not reverse history.  The truth of the matter is your work-related duties caused injury or illness.  You will still require medical treatment.  Quit amidst your workers’ compensation claim and the medical care provided for the injury/illness should be rendered without interruption.  Additionally, payment for permanent disability you are entitled to at the end of the case should not be impacted. 

However, the coast is not completely clear if you quit your job after filing your workers’ compensation claim.  If you have returned to work or if you are still away from work due to the injury/illness, additional factors might play a part in determining your eligibility for workers’ compensation benefits.  Such factors ultimately determine if you will prove eligible for temporary total benefits after departing your post.

If you are not away from work due to your physician’s orders at the point at which you quit your post, your employer is not legally obligated to pay temporary total benefits.  Nor is the employer legally obligated to make up the difference in pay.  However, you will still be provided with medical benefits pertaining to your injury or illness resulting from work-related activity even if you have found another job.

Once you attain maximum medical improvement, or MMI for short, the prior employer is still legally obligated to pay for permanent total or permanent partial benefits for any permanent disability.  If you are no longer working and receive temporary total benefits, the employer is required to continue paying temporary total benefits for the length of time you are away from work.  If the doctor sends you back to work with restrictions and the employer is willing to meet those restrictions, the employer has the legal footing necessary to halt temporary total benefits.

Think Long and Hard Before Quitting

In short, it is a mistake to quit your post unless you have a better position waiting in the wings.  If you are injured while performing work-related duties, it is certainly understandable that you might seek employment in an environment with less danger.  The bottom line is filing a workers’ compensation claim with the assistance of our attorneys does not prevent you from finding a new job.  However, the truth is your employer likely wants you to quit your post.  If you quit, it might put a cap on your potential benefits as well as a potential settlement.  This is precisely why it is unwise to quit your post unless you have no other option.  When in doubt, reach out to our workers’ compensation attorneys for advice.

Contact Our Experienced Workers’ Compensation Attorneys Today

Have you been injured or fallen ill as a result of your work-related duties?  Are you thinking of quitting your job due to your injury or illness?  Consult with us before taking any other action.  You can reach our New Jersey workers’ compensation attorneys by dialing 732-774-1000.   

Richard N. Schibell, Esq.

is the founding partner at Schibell Law LLC concentrating in all aspects of Workers’ Compensation throughout New Jersey. Mr. Richard N Schibell graduated from Boston College with a Bachelor of Arts, concentrating in both Philosophy and History. He went on to receive his Juris Doctorate degree from Seton Hall University School of Law.

Following his graduation from law school, Mr. Schibell served as a Judicial Law Clerk to the Honorable Richard W. English, J.S.C., in the Civil Division of the Monmouth County Superior Court.