If you have been injured on the job, you may be wondering if you can resign while on workers’ compensation. The answer is yes, but it’s important to understand your rights as an injured employee and the potential impact it could have on your claim. In this article, we will explore these topics and provide guidance on the steps to take before resigning while on workers’ comp.
Understanding Your Rights as an Injured Employee
As an injured employee, you have the right to resign from your job while receiving workers’ compensation benefits. However, it’s important to note that if you resign voluntarily, you may lose certain benefits such as medical coverage and wage replacement. Additionally, your employer may be able to terminate your workers’ comp benefits if they can prove that your resignation was not related to your injury.
The Impact of Resigning on Your Workers’ Comp Claim
If you resign while on workers’ comp, your claim may be affected in several ways. Firstly, you may lose certain benefits as mentioned above. Secondly, your employer may argue that your resignation was not related to your injury and use this as a reason to terminate your benefits. Finally, if you resign and then seek new employment, any wages earned may be used to offset your workers’ comp benefits.
Steps to Take Before Resigning While on Workers’ Comp
Before making the decision to resign, there are several steps you should take to protect your rights and ensure that your claim is not affected. Firstly, consult with an experienced workers’ compensation attorney who can provide guidance on your specific situation. Secondly, review the terms of your employer’s workers’ comp policy to understand the potential impact of resigning. Finally, consider alternative options such as a leave of absence or modified work duties if possible.
Considerations When Resigning
If you have decided to resign while on workers’ comp, there are several considerations to keep in mind. Firstly, ensure that your resignation is related to your injury and document this in writing. Secondly, notify your employer of your intention to resign and explain the reasons for your decision. Finally, be prepared for the potential loss of benefits and other impacts on your claim.
In conclusion, it is possible to resign while on workers’ compensation, but it’s important to understand your rights and the potential impact on your claim. Before making any decisions, consult with an experienced workers’ compensation attorney and review your employer’s policy. If you decide to resign, ensure that it is related to your injury, notify your employer, and be prepared for the potential impact on your claim. By taking these steps, you can protect your rights and ensure that you receive the benefits you deserve.