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Can You Quit Your Job While on Workers Comp?

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When you are injured on the job, it can be difficult to know what to do next. You may be wondering if you can continue working or if you need to take time off to recover.

Contact Collier Law for assistance with your workers’ comp case to learn more about workers’ compensation benefits and your rights.

What Does Workers’ Compensation Cover in North Carolina?

Workers’ compensation benefits can help cover medical benefits, including medical treatment related to the injury, wage replacement benefits, and other costs related to your injury. In North Carolina, workers’ compensation covers most types of injuries that occur at work. This includes accidents, illnesses, and repetitive stress injuries.

However, there are some exceptions. For example, workers’ compensation does not cover injuries that occur as a result of intoxication, self-harm, or injuries sustained outside the scope of employment.

How to Apply for Workers’ Comp Benefits in North Carolina

If you have been injured at work, you should report the injury to your employer as soon as possible. Your employer should file Form 19 with the Industrial Commission. However, it is also on the employee to file their claim using Form 18.

The workers’ compensation claim will then be investigated, and your employer’s insurance company will decide whether to accept or deny the claim. If the claim is denied, you can appeal to have it reviewed.

If you are approved for benefits, you should start receiving them within 14 days of reporting your accident. Your payments should continue until you return to work, settle your case, or a judge allows the insurance carrier to stop your benefits. 

How Long Do Workers’ Compensation Benefits Last?

Maximum medical improvement (MMI) is the point at which your doctor believes that you have reached your maximum healing potential. This does not mean that you are healed, but only that your doctor does not expect you to improve any further.

If you are receiving a weekly check and are released at maximum medical improvement, your benefits do not cease. Your weekly check will continue and you will still have the right to medical treatment. The insurance carrier may assign a vocational counselor to assist in return to work. Your benefits cannot be stopped unless you (a) return to work, (b) settle your case, or (c)  a judge orders the carrier to stop your pay. 

Can I Quit My Job While on Workers’ Compensation?

In general, an employee can resign while on workers’ compensation. However, there are a number of factors that could affect whether you should or shouldn’t resign.

If you are thinking about quitting your job while on workers’ compensation, speak with an attorney first to discuss your specific situation. At Collier Law, we can help you understand your rights and make the best decision for you and your family.

Temporary Partial Disability Benefits

Temporary partial disability (TPD) is a type of benefit that you may receive from workers’ compensation if your injury prevents you from returning to work. If you return to work, but are earning less because of your injury, the insurance carrier will have to make up the difference between your pre-injury wage and your post-injury wage. 

Temporary Total Disability Benefits

Temporary total disability benefits are payments that you receive while you are unable to work at all due to your injury. These benefits usually last until you are able to return to work. You may either be written out of work or can return to work with light-duty restrictions the employer cannot accommodate.

Permanent Partial Disability Benefits

Permanent partial disability (PPD) is a type of benefit that you may receive from workers’ compensation if you can work but not with the skill and efficiency as prior to the injury. Usually, at the conclusion of your claim, the doctor will assign a permanent partial disability rating to your injured body part. There is a calculation to determine its worth. Contact Collier Law to go through these calculations and discuss getting a second opinion on your rating. 

Permanent Disability Benefits

If you are unable to return to work after an injury or are suffering from a permanent total disability, several things might happen. You may receive permanent disability benefits from workers’ compensation if your employer does not have any other positions available for you at their company.

If you are unable to return to work at all, you may also be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Speak with an attorney at Collier Law about your specific situation to learn more.

Workers’ Compensation FAQ’s

How Long Does it Take to Get Workers’ Compensation Benefits?

It can take anywhere from two weeks to several months for workers’ compensation benefits to start being paid out. The amount of time that it takes will depend on the severity of your injury or illness and how long you are unable to work because of it.

Can I be Fired for Filing a Workers’ Compensation Claim?

No, you cannot be fired for filing a workers’ compensation claim. In fact, it is illegal for your employer to fire you or take any other type of retaliatory action against you because you filed a claim.

How Collier Law Can Help You With the Workers’ Compensation Process

If you or someone you love has suffered a job-related injury or illness, call an experienced workers’ compensation lawyer at Collier Law for assistance with your workers’ comp case.

You are so much more than a number to us: we value our attorney-client relationship and getting the justice you deserve. We are advocates for injured employees. Call for a free consultation to find out how we may assist you.