Can You Quit While A Workers' Comp Claim Is Pending?

Suffering an on-the-job or work-related injury can be a distressing experience. Many people who are severely injured in their workplace understandably feel unsafe afterwards, even if their employer takes steps to improve safety standards. Continuing to work in the same place might be a thought so unpleasant that you want to change occupations and work somewhere else.

You’re probably wondering how soon you can switch jobs. You may have even asked yourself, “Am I allowed to quit my job while my workers’ comp claim is still pending?” The answer is yes, in an at-will employment position, you can decide to quit at any time, even if you just filed a workers’ compensation claim yesterday. However, there could be some complications if you decide to leave before your claim is resolved.

Here are three primary concerns that can arise if you quit during a pending workers’ comp claim:

Worsened injuries

The injuries you suffered at your job could worsen with time and in unexpected ways. If that happens, you will need different and likely increased medical treatment benefits. However, if you have quit your job and started working somewhere else, your original employer is practically guaranteed to argue that your injuries have worsened because of your new work. In such a situation, they would not necessarily be responsible for your medical care. - your new employer would be, A heated conflict between your employers could ensue resulting in you not getting the medical benefits that you need.

Missed work at your new job

Similarly, there could be difficulties determining who should provide you with wage replacement benefits if you miss work at your new job due to injuries suffered while at your original place of employment. The responsibility could shift depending on why you are missing work creating another conflict that might become detrimental to your claim overall.

Resignation benefits

Lastly, you should be aware that insurance companies and employers often come up with resignation deals when offering a workers’ compensation settlement amount. In exchange for your resignation, they might offer additional financial incentives. In this case, you won’t be offered any sort of deal if you have already quit your job.

Overall, if you think you can stick it out at your job while your workers’ compensation claim is being resolved, then it might be the wisest choice. On the other hand, you shouldn’t have to subject yourself to an uncomfortable or unsafe work environment just to try to avoid legal complications. If you want to quit, then you should.

In either situation, you can do yourself a favor by working closely with a certified workers’ compensation specialist. 

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.