If I Receive Workers’ Compensation, Can I Quit my Job?
Yes, you always have the right to quit your job. If you are currently receiving workers’ compensation after suffering an injury at that job, you can continue to receive the compensation you are entitled to receive as long as you do not perform duties that exceed your physical limitations at a new job.
But it is not always this simple. Workers’ compensation covers two main things: medical bills and a portion of your lost wages. If you quit your job, you will no longer have wages and you may be wondering if you can continue to receive this benefit in the event of your resignation. This can be trickier to determine. If you start working at a new job, you will need to return any wage compensation you receive to your old employer’s workers’ compensation provider. Failure to do so is an act of workers’ compensation fraud. This is true even if you are working “off the books.” If you plan to leave your job after you secure a workers’ compensation settlement, speak with an experienced lawyer to determine which benefits you can lose by leaving the job and how to ensure that you continue to receive the compensation you need.
Can I File a Workers’ Compensation Claim After I Leave my Job?
Yes, you can file a workers’ compensation claim after you quit the job where your injury occurred, as long as you file your claim within the statute of limitations and follow other mandatory deadlines. In New York, the statute of limitations for filing a workers’ compensation claim is two years from the date of the accident that caused the injury. The victim must notify his or her supervisor of the accident and injury within 30 days of its occurrence.
If you have already quit your job and you are considering filing a workers’ compensation claim, getting the money you seek can be more complicated than it would be if you were still employed when you filed your claim. This is because quitting a job, then filing a workers’ compensation claim can be suspicious to workers’ compensation insurance providers who might assume that it is an attempt to receive a paycheck without working. Solid documentation from your medical exam and from your employer’s accident report are critical to demonstrating that you have a legitimate claim and that you need the money you are seeking to cover your medical bills and inability to perform the type of work you were able to perform prior to the injury.
Work with an Experienced New York Workers’ Compensation Lawyer
If you face difficulty receiving the workers’ compensation benefits you are entitled to receive, work with an experienced workers’ compensation lawyer who can act as your advocate. To get started, contact The Robert A. Koenigsberg Law Office today to set up your initial consultation with our firm. During this consultation, we can answer your questions and help you make productive decisions about your workers’ compensation case.