You are between a rock and a hard place when you’re injured on the job. You need to recuperate from your injury, but a work opportunity arose. Quitting a job when there is an active workers’ compensation case is a complicated decision. Here, the Ramsay Law Firm outlines the implications of leaving your job if you have an ongoing workers’ comp case in North Carolina. Based on our decades of experience, you should make an educated decision before leaving your job.
Our attorneys understand how difficult it can be when you want to quit your job without risking the outcome of your workers’ compensation claim. If you are contemplating resigning your job while your claim is pending, you should talk to an attorney who can help you determine the repercussions of your decision. Call (704) 376-1616 to speak to an experienced attorney at the Ramsay Law Firm.
The moment you resign, your employer can argue that the legal responsibility towards you ended with the termination of the employment relationship. However, this argument is not valid if your departure is due to your injuries and your employer didn’t have a position that would accommodate your current situation.
With the assistance of an attorney, you may be able to establish the link between your resignation and your injuries. If you want to continue to receive workers’ compensation benefits, you shouldn’t rush to a decision. This is especially true if you’re still recovering from your injuries.
Moreover, you should be prepared to inform your new employer about your injuries and that you sought workers’ compensation in order to preserve your right to file a claim if you’re injured at your new job. If you don’t disclose this information, your new employer can claim that you had a pre-existing injury and contest your claim.
Workers’ compensation benefits are intended to pay for your medical expenses and to cover for wages lost during your recovery. In North Carolina, wage replacement benefits pay for two-thirds of the average of your wages for 13 weeks prior to your injury. Subsequently, if you are permanently injured, workers’ compensation continues to pay for your medical treatment even if you change jobs and still have medical bills related to your work-related injury.
Your decision to quit your job will have an impact on your weekly wage replacement benefits. However, if there is a pending settlement on your disability benefits, you should talk to an attorney before quitting your job. There are implications an attorney is uniquely prepared to understand. Wage replacement is a difficult aspect of workers’ comp law. For example, if the new job offers the same or better wages, there are financial consequences your attorney can help you understand. If your job offers a lower pay, you may need an attorney to persuade your old employer to pay for the difference, especially if your previous employer didn’t have a suitable opening that will fit your current situation and offer the necessary accommodations.
As long as your medical status doesn’t change and you are permanently disabled, you should continue to receive your permanent disability benefits. However, when your medical condition improves, your payments can be revoked.
In addition, if you have not reached maximum recovery for your injuries, you may face other repercussions that your attorney can explain depending on your circumstances. The extent of your coverage can be diminished unless you make educated decisions. With the help of a qualified attorney, you can determine what, if any, workers’ compensation coverage you will receive if you quit your job.
If you have a pending settlement, you should get more information before deciding to accept a new work opportunity. There are instances where you should wait for a settlement before quitting your job if the fairness of your settlement is at risk. If you are waiting for a decision in your claim, you should talk to an attorney who can help you determine what is at stake concerning your settlement amount.
Your settlement amount depends on your employer’s fairness regarding your medical claim. However, many other factors can influence settlement determination. If you have not completed your medical treatment, you may not know what the adequate amount of your settlement is. The best approach for the total losses is to have a clear idea on the medical costs so that there is a determination of what is a fair settlement in your case.
An experienced North Carolina workers’ compensation attorney can play a critical role in helping to ascertain a fair settlement amount. The lawyers of the Ramsay Law Firm can help. Call (704) 376-1616 to speak with an experienced attorney today.