When you get hurt at work doing your job and file a claim for workers’ compensation benefits, you file that claim with your employer. So what happens if you want to change jobs while your claim is going on?
First of all, leaving your job does not close out your claim. Your claim, once properly opened, remains open with the Workers’ Compensation Commission unless you agree to a full and final settlement, and that settlement is approved by a Judge. Secondly, you are still eligible for ongoing medical treatment through workers’ compensation if you would otherwise have been eligible.
There are some benefits that can be affected if you leave your job, depending on the circumstances. If you are temporarily totally disabled and receiving the lost wage benefits associated with that status you should continue to receive that benefit. However, if you are temporarily partially disabled and your current employer is accommodating your restrictions, you may not qualify for lost wage benefits if your new employer cannot accommodate you. If you move out of state or retire you may also not qualify for temporary partial disability benefits, but this is specific to the facts of each person’s claim.
There can be a benefit to leaving your job as well. As a general practice rule, an employer and their insurance carrier will not want to negotiate a lump sum settlement of your claim if you are still working for that employer. If you are already considering changing your job and want to close out your claim this would be the ideal time to do it.
If you have an open workers’ compensation claim and want to protect your benefits, or even to talk about settlement, give our office a call at 860-875-7000 for a free consultation with a workers’ compensation attorney.
