If I Quit My Job Will I Lose Work Compensation?
Workers' compensation is an insurance program regulated and enforced by individual states. It provides compensation to workers who have job-related medical issues. Federal employees have a federal workers' compensation system. Individuals wanting to know about the workers' compensation provisions for the state they live in should contact the individual state office of the United States Department of Labor.
Other People Are Reading
-
State Guidelines
-
Since each state has its own sets of rules and guidelines, not every employer must have workers' compensation insurance. Whether an employer has workers' compensation depends on the number of employees working for him, as well as the type of business. Additionally, workers' compensation depends on what kind of work the employees perform. In some states, part-time employees, as well as seasonal workers and domestic help, are not eligible for workers' compensation. However, even if an individual is covered, if he quits his job, his employer might not be required to pay workers' compensation.
Work Level
-
When a worker goes on workers' compensation leave, he usually receives information from a workers' compensation doctor as to the level of work activity he can perform. In the event the doctor says there is a certain level of work he can perform, the worker should attempt to go to work. If the worker goes to work and cannot perform the tasks, he needs to document this. On the other hand, if the worker quits his job, he risks potentially losing some or all of his benefits.
-
Protection
-
If an employee files for workers' compensation, the employer cannot fire him based on filing for workers' compensation. This protects an injured employee who needs medical attention from being threatened with a loss of his job if he files a claim for workers' compensation. Employers are allowed to fire employees for reasons unrelated to the workers' compensation claim.
Documentation
-
When you are filing for workers' compensation, document every incident, conversation and doctor's office visit. In the event the incident causing the workers' compensation came as a result of unsafe working conditions, an employee cannot be asked to work under unsafe conditions. If the employer tries to force him to enter a hazardous or dangerous situation, the employee has the right to refuse. If the refusal results in a loss of employment, the worker is eligible to file for unemployment benefits under federal law. In addition to receiving unemployment, depending on the circumstances, the employee is still eligible for workers' compensation.
-
References
- Photo Credit Hemera Technologies/PhotoObjects.net/Getty Images
