Every year, thousands of workers get injured or develop illnesses in the workplace throughout the U.S. The workman’s comp system can provide coverage in such cases. However, what happens if a worker decides to quit their job? North Carolina personal injury lawyer, Martha L. Ramsay from the Ramsay Law Firm invites you to keep reading as we discuss more about Workers’ Compensation benefits and whether you can obtain them after quitting your employment.
Will I Lose My Workman’s Comp Benefits if I Quit My Job?
The Workers’ Compensation system works as insurance to cover injured employees. Every employer must provide this coverage to all employees without exception. As a general rule, every employer with three or more employees must carry and provide Workers’ Compensation. The Workman’s Comp insurance will cover employees who get hurt at work and complies with all the rules and regulations set forth by the Workers’ Compensation system. The benefits a worker can obtain as part of their Workers’ Compensation program are medical bill coverage and lost wages for a period of time.
But what happens if you quit your job? There are two ways we can look at this particular situation: before leaving your job and after leaving your job.
Before Quitting Your Job
If you were injured at your workplace and filed your workman’s comp claim, you can obtain your benefits provided you complied with all the workman’s comp regulation. If you decided to leave your job, the portion you were granted of your Workers’ Compensation benefits will not be affected. Once approved, you are entitled to receive your benefits. This means if you suffered an injury such as an amputation, back injury, electrocution, and other injuries, you can obtain workman’s comp benefits even after leaving your employment.
After Quitting Your Job
If you quit your job and decide to file a Workers’ Compensation claim with your former employer, you can confront many difficulties. Your employer may be suspicious of your claim if you file it after quitting your job. Normally, the workman’s comp process involves an investigation surrounding your accident, medical evaluations, and continuing assessment of your claim. If your former employer does not have all this information, they will likely dismiss your case based on lack of data supporting your claim. In such cases, as an injured employee, you will need to provide robust evidence supporting your case. This means you will need to gather all necessary information proving your injury or occupational disease happened at your former workplace.
Keep in mind, the Workers’ Compensation system requires all employees to report their workplace accident on time. This requirement is perhaps the most critical step in your workman’s comp benefits claim. If you did not inform your injury to your employer as required by the Workers’ Compensation system, obtaining your benefits after quitting your job can be extremely difficult.
How Does the Workers’ Compensation System Works?
As mentioned before, this compensation system is meant to cover an injured employee’s medical bills and a portion of their wages for a set time. To obtain workman’s comp benefits, every employee must meet several requirements. The very first step in your workers’ compensation claim is obtaining medical assistance. While the Workers’ Compensation system requires you to see an employer appointed physician, you may be able to see another doctor in case of an emergency. Once you have received medical attention, you should report your accident to your employer immediately.
If your injury or condition develops over time, you must notify your employer as soon as you learn about its existence and correlation to your job. Once you have notified your employer about your injury, you will be required to get a medical evaluation. Do not miss any appointment and follow every instruction given by your employer-appointed physician. Once medically evaluated, you will need to fill out your claim and give it to your employer. Your employer then will file your claim with the Workers’ Compensation system, and you can start receiving your benefits upon approval. If approved, you can obtain up to two-thirds of your average weekly wage and medical bills coverage. If you were totally or partially disabled, your compensation will vary depending on the extent of your injuries. A knowledgeable and skilled lawyer can help you throughout the entire process.
Worker’s Compensation Attorney Offering Free Consultations in North Carolina
If you were injured at the workplace, you need a skilled and experienced North Carolina Workers’ Compensation lawyer at your side. Dealing with a severe workplace injury can be extremely difficult, especially if you are your family’s sole provider. At the Ramsay Law Firm, we have dedicated our legal practice to helping, fighting, and defending the legal rights of injured workers in North Carolina. Let us handle your case while you focus on recovering from your injuries. To learn more about your situation in a free, confidential consultation call our law offices today at (704) 376-1616 or contact us online.