A common concern among the many injured workers represented by KD Trial Lawyers. is what happens to their workers compensation benefits if they lose their job or leave their job. This issue can be broken into three categories: 1) weekly checks; 2) medical treatment; and 3) the final award.
- What happens to the weekly checks (temporary benefits)? If you are out of work pursuant to an authorized treating physician’s order and are receiving weekly checks from the workers compensation insurance company, those checks will continue just as they always have in the event you are terminated without cause (for example, when the termination is because the company has a policy that employees are terminated if they are out of work for 12 months and you exceed that time). However, if you are terminated for cause, your entitlement to weekly benefits will likely end. If you leave your employment voluntarily and/or change jobs, your entitlement to weekly benefits ends. If you retire or quit voluntarily, you will most likely be viewed as having removed yourself from the workforce (as opposed to the injury removing you from the workforce), in which case your weekly benefits could end. There are always cases where there are unique circumstances, and a lawyer would need to carefully parse through the facts and law to ascertain how those situations can be addressed.
- What happens to the medical treatment? Your entitlement to medical treatment does not end based upon your separation from your employment for any reason.
- What happens to the final award? Your entitlement to a final award is not affected by your separation from your employment for any reason. Of course, the circumstances of how and why your employment ends could impact the value of your claim.
Losing or leaving a job, no matter the reason, is a significant event in a workers compensation claim, and in addition to the tangible effects it can have on a case, it can also cause an extra level of stress for an injured worker. Even if you have not spoken to a lawyer prior to losing your job (or leaving your job), it is smart to seek advice from an attorney at that point given the many issues that can develop as a result. If you have questions or concerns about these issues, do not hesitate to contact partner Jeremy Dantin at (864) 660-0465 or send him an email.
Blog post by attorney Jeremy Dantin. Click here to read more about Jeremy.
The posts on this website/blog are published as a service to our clients and friends. They are intended to provide general information only and should not be construed to be formal legal advice regarding any specific situation and should not be construed as forming an attorney-client relationship. Success in the past does not indicate the likelihood of success in any future representation.
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