Can I Get Workers’ Compensation Benefits If I Quit My Job?

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Can I Get Workers’ Compensation Benefits If I Quit My Job?

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Posted By DAM Firm | October 26 2017 | Workers Rights

Workers’ compensation insurance helps employees manage the financial strain after suffering a work-related injury. While the main issue in determining eligibility is whether the claimant worked at a company at the time of an accident, an employee who files a claim for workers’ compensation benefits after leaving the company could face several issues. The bottom line in these situations is that if an employee suffers an injury while performing work-related duties, he or she is entitled to workers’ compensation benefits regardless of whether he or she remains employed by the company.

While some injured workers succeed in workers’ compensation claims after leaving their employers, these claims meet with increased scrutiny during the claims review process. Employers pay into workers’ compensation insurance plans to protect their businesses and provide employees with financial relief and job security after an injury. When an employee quits, the timing of leaving the company can complicate a workers’ compensation claim.

How Quitting Affects Benefits

The timing of an employee’s departure from a company could impact his or her workers’ compensation benefits and may lead to denial of a claim in some cases. For example, if an employee quits his job and files a workers’ compensation claim for an injury sustained while still employed, the employer and the employer’s workers’ compensation insurance provider could assume the employee is simply trying to secure a substitute for unemployment benefits, which are unavailable to individuals who leave their jobs voluntarily. Injured employees must also keep filing deadlines in mind as they only have a limited time to file a claim after suffering a work-related injury.

Workers’ compensation claimants can secure various types of compensation through a workers’ compensation claim, but leaving the company can impact which benefits the claimant is eligible to receive. For example, a permanent injury that requires long-term care and prevents the employee from returning to the same position may entitle the employee to lost future wages. However, if the employee left voluntarily, he or she will likely be unable to claim those wages.

How an Attorney Can Help

Many workers’ compensation claimants face significant financial strain after an on-the-job injury, and an attorney can help these individuals in several ways. First, the attorney can assist with the workers’ compensation claim filing process which can be confusing. Additionally, an attorney can advise the injured employee of any available alternative routes to compensation for his or her losses, such as personal injury claims or third-party claims against negligent parties involved in the accident. Attorneys are also accustomed to dealing with difficult insurance claims adjusters who may attempt to lower a claimant’s settlement amount or deny a claim.

When an employee leaves his or her position and then files for workers’ compensation, an attorney can help show the court that his or her claim is legitimate and justifiable. Without legal representation, filing a workers’ compensation claim after quitting a job can be a difficult process. An attorney can help clear the air and provide the reviewing body with the evidence and justification needed for approving a workers’ compensation claim after an employee has left a company.

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