Will Quitting My Job Affect My Workers’ Compensation Benefits?

A reader asks:

I injured my left knee in 2012 and was out of work for a few months. My employer’s workers’ compensation insurance company accepted the injury and paid for my medical treatment and lost wages. I eventually returned to work but things aren’t going well. What happens to my Virginia workers’ compensation benefits if I quit?

First things first. It’s always better to ask your workers’ comp attorney this question before you quit, rather than afterward. That way, even if you make the wrong decision from a workers’ comp claim standpoint, you will have done so knowing the potential consequences.

If you leave your job while on workers’ compensation, then some things may change. It all depends on the type of benefit(s) you’re receiving, and the procedural posture of your case.

Your medical benefits are not dependent on your employment status. The insurance company must continue to pay for medical treatment that is reasonable, necessary, and causally related to your work accident. It doesn’t matter whether you’re working or not.

Likewise, your employment status does not affect your entitlement to permanent partial disability (PPD) benefits. If your injury is permanent and a physician gives you an impairment rating, then you will receive PPD benefits at some point.

On the other hand, your temporary total disability (TTD) or temporary partial disability (TPD) benefits may be affected if you quit your job. If you have light duty restrictions, but your employer is able to accommodate those restrictions, then you may lose those TTD or TPD benefits if you quit your job. There are, however, certain arguments you can make and things you can do to cure your refusal and get back on an award of benefits.

Also, quitting your job may impact the settlement value of your claim.

There are many variables in workers’ compensation claims. Contact Richmond Workers’ Compensation Attorney Corey Pollard today at cpollardjba@gmail.com or 804-788-4311 for a free evaluation of your legal rights. Richmond Work Injury Lawyer Corey Pollard represents injured workers across Virginia, including Newport News, Hampton, Williamsburg, Norfolk, Virginia Beach, York County, Petersburg, Fredericksburg, Northern Virginia, Hanover, Henrico, and Waynesboro.