Sometimes, it is easier to decide to stay with your employer to receive disability benefits. This is especially so if you sustained a severe injury. This fear can keep you from moving on to another job which you might prefer doing.
Below, we explain what happens to your workers’ compensation benefits after you resign from your current job. We also explain what to do if your employers stop paying you benefits after you quit your job. Our workers’ comp lawyers in Charlotte, NC, are on hand to help you navigate this situation. Contact us today to help you navigate this issue and keep your benefits.
How Does Workers’ Comp Work in North Carolina?
In North Carolina, you can get two basic types of workers’ comp benefits.
This covers all the costs of medical treatment as it relates to workplace injury. Most workplace injuries mean that there would be numerous medical-related expenses. As such, medical benefits are designed to cover these costs. They include hospitalization, cost of drugs, surgery, rehabilitation, etc.
This works well because the injured person would not have to cover any medical costs of the injury by themselves. It even covers supposedly minor expenses such as over-the-counter medications. The cost of transportation to the hospital for follow-up appointments is also part of this.
Disability benefits should replace two-thirds of your weekly wages while you cannot work. You should start receiving them after you may have missed seven days of work. In addition, you should be eligible to receive this for about nine and a half years after the injury. In exceptional cases, or with a great workers’ comp attorney in Charlotte, NC, you might even receive a timeline extension.
Will I Continue Receiving Disability Benefits After I Switch Jobs?
The short answer to this is, “it depends.” Workers’ comp cases can be as complicated as they are peculiar. You should be able to receive your workers’ compensation benefits from your current job even when you quit. Until the assigned doctor states that you do not need medical care, your employers should continue to pay your medical benefits.
However, many employers would seek to cancel these benefits if you are no longer their employee. In such cases, you should contact a North Carolina workers’ compensation lawyer as soon as you can to help rectify this issue. It is always advisable to speak to your lawyer first before you even quit your job, as they would ensure that your transition is as smooth as possible.
Process of Receiving Workers’ Comp Benefits After You Quit
In North Carolina, 36.6 thousand people took days away from work due to work-related injuries in 2019. If you suffer a temporary total disability (TTD) or a temporary partial disability (TPD), you would probably be assigned to lighter work while receiving disability benefits. This is to make up for any lost wages.
If you are receiving TTD or TPD benefits and you choose to quit, your employer might argue that they do not bear the responsibility of paying you. They can argue that your injuries will allow you to work and that you choose not to. As such, they have no obligations to pay you disability benefits. However, they will still need to cover your medical expenses.
For a permanent total disability (PTD), your employer or their insurance carriers will not expect you to return to gainful employment. As such, they cannot discontinue your workers’ comp benefits on the basis that you are no longer working with them. That means that if you quit your job for another one that requires a different ability that your PTD does not hamper, your wage benefits might end.
However, if the job pays you less, your lawyer could argue that you should retain a portion of your disability benefits. The NC Industrial Commission also allows you to get reinstatement of your disability benefits. Thus, with a good Charlotte workers’ compensation attorney, you can ensure that you still receive your full disability benefits in the case that your disability still affects your performance at your new job.
Speak to a North Carolina Workers’ Compensation Attorney
Suppose you feel the need to quit or switch jobs while on workers’ comp benefits, you should contact a Charlotte workers’ compensation lawyer today. Our experienced workers’ compensation lawyers in Charlotte, NC, will ensure that you make the right decisions to continue receiving your benefits. Schedule a free consultation with us to get started.