![](\"https:\/\/cdn.xxl.thumbs.canstockphoto.com\/canstock35610252.jpg\")
<\/p>\nWhat Happens When You Quit or are Fired from your Job While on Workers\u2019 Comp
\nBy Michael C. Goldberg<\/p>\n
It can be tempting, while on workers\u2019 compensation, to dream about quitting your job. But did
\nyou stop to think how that might affect your case?<\/p>\n
And have you considered what could happen if you\u2019re terminated while out on a work-related
\ninjury? Can your employer cut off your care and stop your weekly benefits?<\/p>\n
These scenarios come up more than you\u2019d expect. And, while every case is unique, there are
\nsome commonalities you should be aware of.<\/p>\n
Scenario 1: You quit your job while under care.
\nIn this scenario, you\u2019re off work due to restrictions or limitations provided by the workers\u2019
\ncompensation doctor, and you\u2019re receiving weekly benefit checks. If you decide to quit your job,
\nyou\u2019ll continue to receive these benefits if you\u2019re considered totally disabled\u2014meaning, unable
\nto engage in any employment in the open labor market. In this case, you\u2019ll still be under severe
\nrestrictions that would prevent you from getting work, which allows you to continue receiving
\nmedical care and remain eligible for the other benefits under the workers\u2019 compensation system.
\nBut. . . (you knew that was coming, right?)
\nEmployers aren\u2019t stupid. To reduce their liability, they\u2019ve created a workaround that can change
\nyour classification from \u201ctotally disabled\u201d to \u201clight duty,\u201d which puts you into an \u201cemployable\u201d
\ncategory. Once the doctor modifies your restrictions, you become eligible for some type of work.
\nIt doesn\u2019t matter if this modification is realistic given your injury. What matters is the new
\nclassification. If you quit under these circumstances, the employer can stop weekly benefits,
\nsaying they had work for you, and you chose to leave instead. Whether this is true or not is
\neventually what the legal fight would be over. Until this issue is resolved, your weekly benefits
\nwill stop.
\nI always encourage clients to stay in their jobs until their claim is resolved, if possible.<\/p>\n
Scenario 2: You\u2019re terminated while under care.
\nIf your employer terminates your employment for any reason and claims it\u2019s for \u201cpost-accident
\nmisconduct,\u201d your weekly benefits will stop. The real problem is that the term post-accident
\nmisconduct isn\u2019t defined in the law, so it gives your employer plenty of room to create some
\nsituation that results in your termination. You may be able to fight this termination through the
\ngrievance process, but that can take a long time during which you won\u2019t get weekly benefits.
\nExamples of the post-accident misconduct are:
\n\uf0b7 Failing to return to work while on restrictions and light duty is available.
\n\uf0b7 Failing to check in with your work and provide required documents needed to keep you
\noff work.<\/p>\n
\uf0b7 Claims of fraud about the extent of your claimed injuries, violating the doctor\u2019s
\nlimitations, or being caught doing things you say you can\u2019t do.
\nIn addition, if you were under any type of investigation before your injury, your employer can
\nterminate you by citing findings from the investigation that have nothing to do with your injury.
\nIn this case, your benefits will stop.
\nWhether you quit or are terminated, you\u2019ll still receive medical care provided under workers\u2019
\ncomp. You\u2019re also allowed to pursue any permanent disability benefits or future care. While this
\nis good news, you may still be without the weekly financial benefit.
\nKnowledge is power. By understanding what could happen if you choose to leave your job or are
\nterminated while on workers\u2019 compensation may help you avoid a scenario that could jeopardize
\nyour weekly benefits.<\/p>\n
Michael Goldberg is the principle at Michael C. Goldberg Law, L.L.C. His firm focuses on
\nworkers\u2019 compensation, civil litigation, and labor law. Mike\u2019s also a member of CWA Local
\n6300. Contact him at (314) 824-0350, mike@michaelgoldberglaw.com, or visit his website at
\nmichaelgoldberglaw.com.<\/p>\n
<\/p>\n
(image via canstockphoto.com)<\/p>\n","protected":false},"excerpt":{"rendered":"
What Happens When You Quit or are Fired from your Job While on Workers\u2019 Comp By Michael C. Goldberg It can be tempting, while on workers\u2019 compensation, to dream about quitting your job. But did you stop to think how that might affect your case? And have you considered what could happen if you\u2019re terminated […]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[16],"tags":[],"class_list":["post-6475","post","type-post","status-publish","format-standard","hentry","category-labor-laws"],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/posts\/6475","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/comments?post=6475"}],"version-history":[{"count":1,"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/posts\/6475\/revisions"}],"predecessor-version":[{"id":6476,"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/posts\/6475\/revisions\/6476"}],"wp:attachment":[{"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/media?parent=6475"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/categories?post=6475"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/uawlocal2250.net\/live\/index.php\/wp-json\/wp\/v2\/tags?post=6475"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}