If I Resign From My Job, Will It Affect My Workers’ Compensation Benefits?

By Gordon, Edelstein, Krepack, Grant, Felton & Goldstein

Injured workers often ask us, “If I resign from my job will it affect my Workers’ Compensation benefits?” Because it is such an important question, we look at each case individually and analyze the impact a resignation will have on the injured worker’s benefits.  Generally speaking, there are three benefits that an injured worker may receive that should be considered when addressing this question. 

Medical Care After an injury claim is filed and accepted, there is no impact on a worker’s right to future medical care if he or she is no longer employed with the employer where the injury occurred.

Temporary Disability Although the right to receive temporary disability generally is not affected by a resignation, there may be an impact on an injured worker’s right to temporary disability if the worker resigns before reaching maximum medical improvement.  In a recent court decision, the court considered this issue.  The injured worker was employed as an X-ray technician and sustained injuries to her neck and right shoulder.  While on temporary disability, she resigned from employment.  Thereafter, her treating doctor determined that her condition had improved; her status changed, she was placed on temporary partial disability status, and was advised to return to work with limitations.  The employer offered modified duty, but since the worker had resigned, she was not available to accept the offer.  As a result, the employer argued that there was no further liability for temporary disability payments.  The court indicated that in some cases such facts would preclude an injured worker from getting additional temporary disability benefits. 

Permanent Disability In some cases, an injured worker may be entitled to a 15 percent increase in permanent disability payments if the employer cannot offer modified or alternative employment within 60 days after the doctor has issued a final report. An injured worker who resigns prior to the completion of this process may risk not getting this increase in benefits.

These scenarios emphasize the importance of consulting your attorney before resigning from your job while receiving Workers’ Compensation benefits to ensure that your right to benefits is not affected.

If you have a question about a work injury or any other legal matter, feel free to make an appointment for a free, confidential consultation by calling 213-739-7000.