Sometimes the job that hurt you just isn’t somewhere you can go back to. Maybe the work is too hard on your body now, or the relationship with your employer has fallen apart. Before you hand in a resignation letter, it’s worth a quick call. The timing and the reason can make a big difference to your benefits. Philly Injury Lawyer helps injured workers make that decision with their eyes open.
Can You Quit? Yes. Should You? It Depends.
You’re free to quit any job. The question is what happens to your workers’ comp:
- Your medical benefits for the work injury generally continue after you quit.
- Your wage benefits may be at risk if you quit a job that fit your restrictions. The insurer can argue your lost wages are because you left, not because of your injury.
When Quitting Is Less Risky
- You’re still totally disabled and your doctor says you can’t work at all
- The only job offered goes beyond your medical restrictions
- You are quitting as part of an approved settlement
Resigning as Part of a Settlement
Many workers’ comp settlements include a resignation from the job. That’s often fine, but it should be negotiated with the full value of your claim in mind, because giving up your job is part of what you’re trading. See Workers’ Comp Settlements in Pennsylvania.
If You Want to Change Jobs
If you’ve found work you can do elsewhere at lower pay, you may still qualify for partial disability benefits for the difference. Tell us before you switch so we can make sure the move is documented properly.
Thinking About Quitting? Call Us First
Call (215) 735-4800. The consultation is free. We Win or It’s Free®.
Frequently Asked Questions
Will I lose my workers’ comp if I quit?
You may lose wage benefits if you quit a suitable job. Medical benefits for the injury usually continue. The reason and timing matter, so get advice first.
Can my employer make me resign to settle?
It’s common for employers to ask for a resignation as part of a settlement. You don’t have to agree, and the request is a bargaining point.
What if I’m being harassed at work after my injury?
Document everything. You may have a retaliation or other claim, and leaving may be justified. Talk to us before you resign.
Pennsylvania Law in Plain English
Under the Workers’ Compensation Act, wage benefits replace earnings you lose because of your injury. If you voluntarily leave a job that fits your restrictions, the insurer may ask a judge to suspend wage benefits. Medical benefits for the work injury are separate.
