[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.attorneync.com\/blog\/what-happens-to-my-workers-comp-if-i-quit-my-job\/#BlogPosting","mainEntityOfPage":"https:\/\/www.attorneync.com\/blog\/what-happens-to-my-workers-comp-if-i-quit-my-job\/","headline":"What Happens To My Workers\u2019 Comp If I Quit My Job?","name":"What Happens To My Workers\u2019 Comp If I Quit My Job?","description":"There are many reasons a person may quit a job. However, you should keep in mind that leaving an employer that owes you workers\u2019 compensation benefits can complicate a pending workers\u2019 compensation claim. Resigning from a company that is responsible for your workers\u2019 compensation benefits should be a carefully considered...","datePublished":"2018-11-13","dateModified":"2026-01-08","author":{"@type":"Person","@id":"https:\/\/www.attorneync.com\/blog\/author\/robert-c-younce\/#Person","name":"Robert C. Younce, JR","url":"https:\/\/www.attorneync.com\/blog\/author\/robert-c-younce\/","identifier":42,"image":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/03\/cropped-Chip-96x96.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/03\/cropped-Chip-96x96.png","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Younce, Vtipil, Baznik & Banks P.A.","logo":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2020\/03\/logo2020b.png","width":390,"height":107}},"image":{"@type":"ImageObject","@id":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/03\/workers-compensation-claim-north-carolina.jpg","url":"https:\/\/www.attorneync.com\/wp-content\/uploads\/2019\/03\/workers-compensation-claim-north-carolina.jpg","height":200,"width":300},"url":"https:\/\/www.attorneync.com\/blog\/what-happens-to-my-workers-comp-if-i-quit-my-job\/","about":["Workplace Injury"],"wordCount":1114,"articleBody":"There are many reasons a person may quit a job. However, you should keep in mind that leaving an employer that owes you workers\u2019 compensation benefits can complicate a pending workers\u2019 compensation claim.Resigning from a company that is responsible for your workers\u2019 compensation benefits should be a carefully considered decision. Your employer will inevitably argue that the company\u2019s legal responsibility to you ends if you voluntarily leave the company. Your North Carolina workers\u2019 comp attorneys at Younce, Vtipil, Baznik & Banks, P.A., will fight to prove that you had to resign because of your injuries. But we would hope you discussed the move with us before tendering your resignation.If you have a North Carolina workers\u2019 compensation claim or a settlement paying ongoing benefits, we strongly suggest you consult a qualified N.C. workers\u2019 comp attorney before voluntarily changing your employment status. You can contact our office in Raleigh for prompt help.Portability of Workers\u2019 Compensation Medical BenefitsBenefits paid through workers\u2019 compensation insurance are meant to pay medical expenses derived from an occupational injury or illness and to replace a portion of wages lost during recovery or due to disability. Wage-replacement benefits pay two thirds of the average of your weekly wages for 13 weeks prior to your injury. Permanent disability benefits vary according to the extent of the injury and whether a worker is partially or totally disabled.Your employment status after suffering an on-the-job injury should not affect your eligibility for workers\u2019 comp medical benefits. Indeed, many seriously injured workers leave the workforce because of injuries suffered in workplace accidents. However, workers\u2019 compensation continues to pay for doctor-authorized medical treatment and\/or ongoing care needs.If you leave your employer or move to a new job and you still have bills from prior medical treatment and need additional treatment related to an occupational injury, workers\u2019 comp should continue to pay for them. Nothing about this portion of your claim has changed.On the other hand, if you quit your job and then file a workers\u2019 compensation claim, your former employer and the insurance benefits administrator may view your workers\u2019 comp claim with suspicion. You will need to provide evidence that your injury occurred on the job before you quit. If you did not report the workplace accident at the time it occurred or notify your supervisor, that will cause complications and make it difficult to obtain benefits.If you end your employment because you are permanently disabled, and it is understood you will not be able to return to work, your workers\u2019 comp permanent disability benefits should not be affected unless your medical status changes.However, if you were receiving disability benefits and your medical condition improved, these payments may end. If you took a new job, any temporary total disability benefits (TTD) or temporary partial disability benefits (TPD) you were receiving would likely be ended.Employers\u2019 Obligation for Workers\u2019 Comp Disability BenefitsIf you resign your job, you can expect your former employer to terminate your weekly wage replacement benefits. Temporary disability benefits are meant to support the worker until he or she recovers and can return to work, either at full capacity or on light duty. If you quit your job, your employer would likely contend that you have decided to give up income from that employer, which ends their obligation to pay wage-replacement benefits.However, if your workers\u2019 compensation claim has not been settled, you may be owed disability benefits. Before handing in your resignation, you should consult with a workers\u2019 compensation lawyer and be sure you understand the extent of benefits you are owed and whether resigning will jeopardize them.Resigning from your current position to take another job will likely complicate your claim. If the new job pays the same or better than your previous employment, there should not be a wages-related issue. If it pays less, we suggest you consult a workers\u2019 comp lawyer about the financial consequences before making a move.If you take a new job but have to accept less pay because of your injury, your previous employer\u2019s insurer may be compelled to pay you benefits to make up the difference. It would certainly take a workers\u2019 comp lawyer to argue this for you and make it happen.A worker who was ultimately unable to perform the duties of a new job because of their injury might be able to reinstate their full disability benefit if, at the same time, they offered to return to work for the previous employer. However, this would not be available if the employer did not have a suitable position open \u2014 or successfully maintained that that was the case.Preparing to Quit Your Job After a Workers\u2019 Comp ClaimIf you are considering leaving a job after a workers\u2019 compensation claim, it is better to do so after your claim has been settled. If the settlement is fair to you and your employer, even at a perceived loss, your employer and their workers\u2019 comp insurer may decide it\u2019s not worthwhile to reopen the claim.You should wait at least until you have reached maximum medical improvement from your workers\u2019 comp-eligible injury to leave a job. Once your doctor has signed off on your full course of medical treatment, our attorneys can calculate your total losses and determine what constitutes a fair workers\u2019 compensation settlement.If you take a new job, be sure to tell that employer about your previous injury. A prospective employer cannot legally ask you about a prior workers\u2019 compensation claim. However, advising them \u2014 in writing \u2014 about your prior medical case puts it on the record for your protection. If you should suffer a workplace injury at your new place of employment, this information may prevent them from arguing that your new injury was a preexisting condition not eligible for workers\u2019 compensation benefits.Contact a North Carolina Workers\u2019 Compensation AttorneyWorkers\u2019 compensation cases are often complex. Leaving an employer who owes you benefits can create complications. If you have a workplace injury and anticipate a job change in North Carolina, the workers\u2019 compensation lawyers at Younce, Vtipil, Baznik & Banks, P.A., can review your case and advise you about potential financial consequences of your plans for the future. Contact us today.{    \"@context\": \"http:\/\/schema.org\",    \"@type\": \"Product\",    \"review\": {        \"@type\": \"Review\",        \"author\": {            \"@type\": \"Person\",            \"url\": \"https:\/\/www.google.com\/search?q=younce+vtipil+%26+baznik+p.a+raleigh+nc&sxsrf=APq-WBs6eWIoMi_mvksjXNEOCkW7KkOnig%3A1649267094089&ei=ltFNYumPBeyXwbkPv_CBwA0&ved=0ahUKEwjpsqHa_v_2AhXsSzABHT94ANgQ4dUDCA4&uact=5&oq=younce+vtipil+%26+baznik+p.a+raleigh+nc&gs_lcp=Cgdnd3Mtd2l6EAM6BAghEBU6BwghEAoQoAFKBAhBGAFKBAhGGABQswJY1g1gzA9oAXAAeACAAZ0BiAGHCpIBBDAuMTCYAQCgAQHAAQE&sclient=gws-wiz#lrd=0x89acf678757c3ceb:0x9a99600363adec9b,1,,,\",            \"description\": \"Younce, Vtipil, Baznik & Banks, P.A. client\",            \"name\": \"D. 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Levine\",        \"description\": \"Younce, Vtipil, Baznik & Banks, P.A. client\",        \"sameAs\": \"https:\/\/www.google.com\/maps\/contrib\/113780411393869402324\/place\/ChIJ6zx8dXj2rIkRm-ytYwNgmZo\/@35.8152544,-78.762347,12z\/data=!4m6!1m5!8m4!1e1!2s113780411393869402324!3m1!1e1?hl=en-US\",        \"reviewBody\": \"I\u2019ve been working with Ashley Banks for two years on my case. She\u2019s very personable and professional. I always receive prompt responses to emails. Ashley knows her stuff and I\u2019m confident that I can trust the advice that she provides. Though the case itself can be stressful at times, working with Ashley has been the opposite. I highly recommend Younce, Vtipil, Baznik, and Banks to anyone looking for high quality and professional legal counsel.\",        \"@id\": \"https:\/\/www.attorneync.com\/blog\/what-happens-to-my-workers-comp-if-i-quit-my-job\/#Review_DL\"    },    \"audience\": [\"https:\/\/en.wikipedia.org\/wiki\/Consumer\", \"https:\/\/en.wikipedia.org\/wiki\/Customer\", \"https:\/\/www.wikidata.org\/wiki\/Q22855\"],    \"name\": \"Service - Workers Compensation in Raleigh, NC\",    \"alternateName\": \"Workers Compensation in Raleigh, NC Younce, Vtipil, Baznik & Banks, P.A.\",    \"url\": \"https:\/\/www.attorneync.com\/blog\/what-happens-to-my-workers-comp-if-i-quit-my-job\/\",    \"description\": \"If you have a North Carolina workers\u2019 compensation claim or a settlement paying ongoing benefits, we strongly suggest you consult a qualified N.C. workers\u2019 comp attorney before voluntarily changing your employment status.\",    \"disambiguatingDescription\": \"Workers Compensation Younce, Vtipil, Baznik & Banks, P.A.\",    \"additionalType\": [\"https:\/\/en.wikipedia.org\/wiki\/Workers%27_compensation\"],    \"@id\": \"https:\/\/www.attorneync.com\/blog\/what-happens-to-my-workers-comp-if-i-quit-my-job\/#Workers_compensation\"}About the AuthorRobert C. Younce, JRRobert C. Younce is an attorney at Younce, Vtipil, Baznik & Banks, P.A. and concentrates his law practice on personal injury and workers\u2019 compensation law. He has tried over 100 workers\u2019 comp cases to Opinion and Award and about a dozen personal injury jury trials to verdict. He has been board-certified by the North Carolina State Bar as a specialist in workers\u2019 compensation law since 2001."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.attorneync.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"What Happens To My Workers\u2019 Comp If I Quit My Job?","item":"https:\/\/www.attorneync.com\/blog\/what-happens-to-my-workers-comp-if-i-quit-my-job\/#breadcrumbitem"}]}]