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What Happens to Your Workers’ Compensation Benefits If You Quit Your Job?

March 25th, 2016 at 1:04 pm

quitting job, DuPage County workers' compensation attorneyIf you have been injured on the job, you need to speak with a workers’ compensation lawyer before you make any big decisions. Quitting your job can reduce the benefits you are eligible to receive. In some circumstances, you could lose your benefits entirely.

Medical Benefits

Under Illinois law, the medical benefits you receive under workers’ compensation will continue no matter what your job status. This means that payments for the medical care you need to recover from your workplace injury will continue even if you leave your employment.

Permanent Injuries

When your claim is found to be for a permanent injury, you will be able to receive the compensation for that permanent injury regardless of your employment situation. In the case of a permanent partial disability, your benefits will be set at the end of your case. Quitting your job before the level of your permanent disability benefits have been calculated and set could result in a big reduction in the amount you ultimately receive. As with every major employment decision, make sure to speak with your workers’ compensation lawyer before leaving your job. After the level of your benefits for permanent partial disability has been set and your case has concluded, you will be able to leave your employment and still collect your benefits in most cases.

Temporary Disability

Injuries that result in temporary partial disability means that you may still be able to perform some work with medical restrictions. You may receive compensation for any pay differential if the injury limits how many hours you can work or otherwise affects your pay rate. You may lose this benefit if you quit your job.

If you receive temporary total disability benefits while you are recovering because you cannot perform your old job, the benefits may be contingent on you keeping your job. If you voluntarily leave your job and your employer demonstrates he or she could have accommodated your injury and was willing to do so, you may have a difficult time keeping your benefits.

Quitting your job at any point during a workers’ compensation case can also lower the value of your case. In many instances, the value of your claim is tied to the wages you are losing because you are not able to work. Leaving your job gives the employer, or the employer’s insurance company, the ability to argue that your lost wages are no longer relevant because you took action to leave your job, independent of the injury.

If you have been injured in a workplace accident, you need to understand your rights. You should speak with a knowledgeable and experienced DuPage County workers’ compensation lawyer right away. Call the Law Offices of Frank J. Discipio at 630-574-2288 to schedule a consultation. You may only have a short time to take action.

 

Sources:

http://www.iwcc.il.gov/handbook020106.pdf

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