Suffering a workplace injury can not only be traumatic, but it can leave an employee in an incredibly vulnerable position. Workers’ compensation is designed to aid employees who were hurt on the job. However, there are distinct laws implemented in every state that dictate who can receive workers’ compensation, what type they are eligible for, and how long they are able to receive it. These laws can be confusing, on top of the fact that every workers’ comp case is handled differently depending on the circumstances. This leaves many injured workers too frightened to leave their job because they are scared their compensation will be affected.
If your workplace injury left you in a state of disrepair and you’re considering quitting, do not panic. There are options out there that can help your situation. While leaving your job may affect your benefits, there are still ways that you may be able to collect compensation while trying to do what is ideal for you.
How Quitting Your Job Affects Your Workers’ Compensation in CA
Most California workers’ compensation claims are dependent on the employment status of a worker at the time they filed. However, since workers’ compensation comes in different forms, the type that you are receiving will also play a large role in determining what happens if you quit your job.
The following explains how the benefits of an employee that is considering leaving their job after an injury can be affected:
General Medical Aid and Treatment
If you were injured while performing your job, filed a claim for medical coverage, and then decided to quit, you should still be able to receive your benefits. The state of California requires all employers to provide medical coverage for care and treatments that are “reasonably” needed to help an employee heal. For example, if an employee breaks their arm, goes to the emergency room, and then needs surgery, these procedures are considered reasonable to cure the employee and must be covered by workers’ compensation. If you decide to quit while receiving general medical aid from workers’ compensation, your claim should not be affected. This is because your medical coverage claim is dependent on whether you were injured while employed.
Temporary Disability (Supplemental Wage Loss Benefits)
An employee may receive temporary disability compensation when their workplace injury temporarily prohibits them from going back to work or performing the same job. Temporary disability benefits are meant to act as a short-term replacement for the income that the employee loses while healing. Because temporary disability is granted with the expectation that the employee will return to work when they are healed, quitting your job may cause these benefits to be terminated. If you are unsure of your rights to temporary disability in California, our team at Pratt Law Corporation can provide some insight into your case.
Permanent Disability
When a worker is granted permanent disability benefits, it is because a doctor has confirmed that they have reached their maximum level of recovery. This means that the employee has now been left with some sort of permanent injury or disability that affects their capacity to work. Employers are required to provide permanent disability compensation once a doctor has validated that an employee can heal no further. Because permanent disabilities often take away an individual’s ability to work, their employment status should have no effect on a resolved claim. However, if you are in the middle of a pending claim or decide to quit before a doctor has confirmed you reached your maximum level of recovery, this may impact your benefits.
FAQs
Q: How Long Can You Receive Workers’ Compensation in California?
A: How long you are granted workers’ comp benefits will depend on the type of compensation you are receiving. Both general medical care and temporary disability benefits are designed to be short-term. For employees receiving permanent disability benefits, these are much more long-term. If an employee is permanently unable to work due to their workplace injury, they may be eligible for workers’ compensation for the rest of their life.
Q: Can You Still Receive Workers’ Compensation in California if You’re Fired?
A: Generally, employees in California that have been fired should still be able to receive their workers’ compensation benefits. They can file a claim while they are still employed, as well as post-termination. This is because whether an employee was fired has no impact on the injury that occurred while they were employed. If you believe you were fired because you filed a claim, however, this is a separate legal issue known as retaliation. Retaliation violates California employment laws and can result in an even larger issue.
Q: When Should You Hire a Workers’ Compensation Attorney?
A: Whether you are contemplating filing a claim or wondering how your benefits will be affected if you quit, it is always a necessity to find a workers’ compensation lawyer that can advise you through your case. Workers’ comp laws in California are complex, and many employers will try to pay as little as possible. Because employees may find themself at a disadvantage in a complicated worker’s comp case, hiring a practiced lawyer can help immensely.
Q: Can Your Employer Deny Workers’ Compensation?
A: Your employer cannot deny a claim simply because they want to. California allows employers to deny certain workers’ compensation claims, but only if they have a substantial reason. These reasons could include an employee not meeting the statute of limitations (filing too late), being involved in illegal activity when they were injured, and more.
Workers’ Compensation Attorneys in Southern California
At Pratt Law Corporation, our attorneys understand every case is different. That’s why we aim to provide individualized legal services tailored to the unique demands of our clients. As a California employee, you have rights that need to be respected and heard. Our team can protect these rights, guide you through your claim, and negotiate for you during the process. If you were injured on the job in southern California and want to quit, contact the Pratt Law Corporation to schedule a consultation and discuss your options.
