A client had a really good question about her workers’ compensation benefits. She had been in a car accident while working, and now wanted to quit her job, but of course did not want to affect her current case.
While your case is pending, generally the best course of action, if possible, is to hold on to your job. But that’s not always possible—sometimes the reality of the job stress is not good for your overall health and well-being. So here are some things to consider.
Your medical benefits will be unchanged by your job status. Whatever medical bills you have, and bills you will have in the future should get covered completely regardless of whether you are working. This benefit reimburses you for what you need to spend to heal from your injury.
But temporary total disability (TTD) benefits could suffer by leaving your job. TTD pays you a percentage of your lost wages when your injury keeps you from working your old job duties. If you have job restrictions because of your limitations while healing, or after a surgery, then you can recover benefits based on the difference between what you can earn at the time, and what you were earning before the accident.
The problem with quitting your job if you are in this situation, is that if your employer has found you alternate work within your medical restrictions, and you do not take the job, you could compromise your TTD wage benefits. If you quit before you know whether your employer had an appropriate job alternative, then they could always say that they had a job lined up for you if you hadn’t quit. Again, your benefits could be negatively affected.
There are other factors that can impact the decision. For example, finding a job that is better, or pays better, may be a reason to quit. But overall it is not usually a good idea to quit while your case is ongoing. Your own situation is unique, though, so talking to us to go over the details of your situation before you make such a potentially costly decision is the better course. You don’t want to quit your job without weighing the risks to your workers’ compensation case because once you lose your rights it’s almost impossible to get them back.
We are workers' compensation attorneys who help people with Illinois work injuries anywhere in IL via our statewide network of attorneys. Contact us and we will answer your questions or find the right lawyer for your situation.