We have literally helped tens of thousands of injured Illinois workers in the last 23 years. There isn’t a legal issue that we haven’t seen or helped with when it comes to job injuries.
A lot of injured workers want to leave the job they got hurt on. Sometimes it is because their old company sucks. Other times they want to go to a less physically demanding job. And in some cases a better opportunity comes along.
So we get asked a lot by injured workers if they can quit their jobs while on workers comp?
The answer is yes you can, but it’s a much bigger question as to whether or not you should.
Generally speaking, if you are injured on the job and receiving TTD benefits, it would be a really bad idea to quit. If you do, your old employer could lie and say that had you not quit, they’d have a job for you within your doctor’s restrictions. In other words, unless you are taken completely off work, odds are you will lose your benefits.
Now if you have a better paying job lined up, that might be a reason to consider leaving. That said, if there’s any risk that the new job can aggravate your condition, I would think long and hard about leaving. If the new job seems to make your problem worse, the insurance company for your work comp case will use that as a reason to cut off your medical benefits too.
In other words, you could be putting both your financial and physical health at risk if you quit. While it’s still a consideration as you get closer to settling, that is really the best time to think about leaving. But even then, doing so could cost you hundreds of thousands of dollars.
I say that because if you have permanent restrictions your old job can’t cover, they might have to pay you the difference of what you’d make with them vs what you can make in a new job within those restrictions. So if you had a great union job making $65 an hour and now can only make $20 an hour, you are entitled to 2/3 of the difference. But if you quit, the employer will say they would have accommodate you. So your settlement could go from $350,000 to $50,000.
Bottom line is that whatever your situation is, if you are hurt while working, don’t quit your job before going over the case with an experienced attorney. If you would like to talk with us for free, you can call any time. We help all over Illinois.