Can I Quit My Job During a Workers’ Compensation Claim?
When you suffer an injury on the job in Colorado, you may be eligible for benefits through a workers’ compensation claim. Navigating the complexities of workers’ compensation can be daunting, especially when faced with the added decision of whether or not to stay in your current job. If you are thinking about quitting your job with a workers’ comp claim in progress, it is important to be aware of the potential consequences and discuss your options with a Denver workers’ compensation attorney.
You Have to Right to Quit Your Job During a Workers’ Compensation Claim
In Colorado, workers who experience on-the-job injuries are not mandated to remain employed in their current positions to maintain workers’ compensation benefits. However, the decision to leave could influence your access to wage-loss benefits.
Wage-loss benefits exist to bridge the gap between your earning capability pre- and post-injury. If you opt to resign, these benefits may be discontinued, because they are specifically designed to assist with income replacement. However, if you were ruled permanently disabled or need to take a lesser-paying role, you still have the right to recover disability payments.
Advantages and Disadvantages of Quitting While Filing for Workers’ Compensation
If you want to quit your current job after a workplace injury, it’s important to weigh the pros and cons and discuss your situation with a lawyer. A Denver workers’ compensation lawyer can assess your claim and advise you on the optimal course of action.
You may want to quit your job to accept a position at your dream employer, relocate to support a spouse or family member, or earn a higher wage. However, some disadvantages of quitting a job during a workers’ comp claim may include:
Loss of Wage Benefits
Transitioning to a job that pays less than your pre-injury role can lead to a loss in wage benefits. Insurance companies might refuse to cover the wage gap, arguing that the reduced income is not directly related to the injury but to the new employment.
Complication in Claims
Starting a new role that aggravates your injury can be problematic. Insurance companies could then argue that your ongoing medical needs arise from the new position, not the original injury, potentially making your claim more complex.
The unfamiliar territory of a new job, combined with any ongoing recovery needs, might introduce misunderstandings regarding your work capabilities. This can affect your standing in the new position and might also have implications for your ongoing workers’ compensation claim.
Never Quit Your Job Due to Lack of Accommodations
You deserve a work environment that respects and addresses the accommodations required due to your injury. Your employer has a legal obligation to provide reasonable adjustments. If you find that these accommodations are not being met, do not quit your job. Instead, contact an attorney about your situation.
For instance, if your employer is pressing you to go beyond your post-injury capabilities, ensure that any disputes or misunderstandings related to your work conditions and injury restrictions are well-documented. Then, bring this information to your lawyer. This documentation can be instrumental in backing up your claim in the future.
Speak to a Denver Workers’ Compensation Lawyer Today
Before quitting a job after an injury, always consult with an attorney about your next steps. If you have not obtained legal representation for your workers’ compensation claim, schedule a free case consultation as soon as possible. A Denver workers’ compensation lawyer can evaluate your case and help identify your optimal path to recovery.