After sustaining an injury while on the job, you can be stuck between a rock and a hard spot. While resting and recovering from your accident, a job opportunity may present itself. Quitting a job during workers’ compensation lawsuits is pending is a difficult decision.
The Phoenix Workers’ Compensation Attorneys at Snow, Carpio, and Weekley, PLLC, understand how difficult it can be to quit your job without risking the outcome of your claim. Before resigning from your job with a pending claim, speak to an attorney to learn more about your legal options. Call the lawyers at Snow, Carpio, and Weekley, PLLC, at (877)-370-5788 to schedule a free consultation.
Is Your Workers’ Compensation Lawsuit at Risk if You Quit Your Job?
When you’re hurt on the job and file a worker’s compensation lawsuit, the claim is split into two parts, which include:
- The medical portion
- The indemnity portion
The medical portion involves the employer or their insurance providing you with appropriate and sufficient medical treatment that aims to treat and relieve your symptoms while also reducing the length of your disability. The indemnity portion involves the employer or their insurer compensating you for your time away from work.
Although there are some connections between the two portions, they are separate and distinct. While an employee can leave their job and continue to obtain workers’ compensation insurance, your benefits can be reduced.
What Will Your Employer Try to Do If You Resign?
When you resign from your position, your employer can claim that their legal obligations to your recovery have ended with the termination of your employment. If your resignation was necessary because of the severity of your injury and your employer did not have an open position that would fit your current situation, this is not a valid defense.
You may be able to connect your resignation to your injuries with the help of an attorney. Do not make a hasty decision if you want to keep receiving workers’ compensation benefits, especially if your injuries are still bothering you.
Be ready to tell your new employer of your injuries and the fact that you pursued workers’ compensation to protect your right to file a lawsuit if you sustain injuries on the job. If you fail to disclose this information, your new employer can say that you have a prior injury and deny your claim.
Contact Snow, Carpio, and Weekley, PLLC
Get more details about the effect on your workers’ compensation claim before quitting your job if you have a pending lawsuit. When the fairness of your compensation is in jeopardy, you should wait for compensation before leaving your job. Speak with an attorney at Snow, Carpio, and Weekley, PLLC, who will help you figure out what’s at stake in terms of the amount of your compensation.