Can I quit my job after a work injury?

Sep 22, 2014 | WC & Other Laws

Workers’ Compensation provides medical care, lost wages, and other benefits to compensate employees who sustain injuries on the job.  What happens if you decide to quit your job after your work injury in Colorado without consulting with a lawyer?  The answer is often not pleasant, depending upon when you and why quit.  In general we tell our client DO NOT QUIT YOUR JOB WITHOUT TALKING WITH US FIRST.

Can I quit my job while treating?  You can, however you will not be able to collect any lost wages from workers’ compensation.  If you have restrictions – limitations that the doctor says you can and cannot do – those restrictions may keep you from finding other work.  If you find yourself unable to find or keep another job because of those restrictions – you may not be able to get wage loss.

Can I quit my job after the doctor has discharged me?  You risk less benefits if you leave a job after the doctor has placed you at maximum medical improvement.  However if you challenge the treating doctor’s decision – and a second opinion by the State selected doctor says you are no longer at maximum medical improvement – the insurance company will deny paying you lost wages.  In general, we advise clients to leave work only because they are going to a better job.

Can I quit my job if the employer is trying to make me leave?  If you do quit, you may not get wage loss benefits unless you can prove to a judge that a reasonable person would have preferred to be making no money rather than stay at the job.  Our office helps injured workers avoid these situations and preserve their rights to benefits.

Workers’ Compensation can be difficult, confusing, and very complex.  Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve.   Contact us here or call us at 303-780-7329 for your FREE CONSULTATION.