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If I am on workers comp can I quit my job but still get the medical help through workers comp?

Cocoa Beach, FL |

i work on a golf course beverage cart, last Sat. a roach crawled on me and i jumped out of the cart, lost my balance and got a 1" deep, 3" long gash in my shin which required 8 staples. Tuesday the doc said I kinda had to go back because a WC case...restriction - no prolonged walking, standing and minimum use of hurt leg. I went to work yesterday, my boss did nothing to help me loading cart and I really overdid it. there has been no communication from the big bosses, HR or my boss on my working situation. my boss said I didn't think you'd be in for a while...I told him nobody had called or anything and I showed up because I don't want to get fired. yest. at the end of the day he wanted me to unload the cart to bomb for roaches, i said i physically could not! i called in today.

Attorney Answers 7


  1. The emoter has to follow the restrictions of the authorized treating physician. If they are not doing that go back to the drs office and tell them about the problems you have losding and unloading the cart.
    You can quit and it does not affect your rights to medical related to your claim but since it can affect other benefits you can use the find a lawyer feature here to locate someone near you who can possibly help answer some specific questions

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.


  2. You can still have entitlement to medical benefits from the workers compensation system - even if you quit. However, you may not be entitled to any indemnity benefits (lost wages reimbursement). He employer is supposed to follow the physical restrictions assigned to you, from the authorized treating physician. But I see this kind of behavior but employers all of the time. They do not follow the restrictions - sometimes to get you to quit. If you stay at home, it then becomes a swearing match: you claim that the work offered was not within the restrictions and the employer claims they did have work within the restrictions and that the employee refused the work offer. The judge has to decide who is telling the truth in that situation. The best scenario is if you can explain the situation to the doctor, and have him take you totally out of work-you do not hurt yourself by trying to follow assignments outside of the physical restrictions, and you heal,; and you will get paid. If you continue with work restrictions, and the employer continues this behavior, you may want to obtain legal counsel to pursue a claim for the loss of indemnity benefits. I hope this was helpful and answered your questions.


  3. You should contact a workers; compensation lawyer in your area. Don't take any action until you discuss this issue with an experienced work comp attorney.

    Also call your doctor and explain everything that is going on with your job requirements. You may be able to get modified work duties from the doctor.

    If you think this is a good answer, please complete the survey below. This response does not create an attorney-client relationship. Do not consider this response legal advice. Do not rely on this response or take action based on anything contained herein. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or legal documents. This response does not create any attorney-client relationship


  4. To answer your question, yes you are still eligible for medical benefits if you quit your job. However, if your employer cannot provide you with light duty work, the insurance company should pay you temporary partial disability benefits. there is a waiting period wherein you do not get paid for the first week of lost work unless you miss at least some work for over 21 days. I do not suggest you quit your job. Instead, I suggest you go to work with a copy of your work restrictions and show them to your boss, and advise them that per doctor's orders, you cannot do any work beyond these restrictions. If you just quit, you may be waiving your rights to lost wage benefits. I suggest you consult with a workers' compensation attorney to discuss your case in detail before making any decisions.


  5. The short answer is, yes, you can quit your job and this will have no effect on your continued eligibility to receive medical benefits through the workers' compensation carrier. However, I would be cautious about resigning a position based upon the facts you've presented. If the issue is about the Employer accommodating your restrictions, you should probably consult with a workers' compensation lawyer.


  6. Most states provide for life time medical benefits, but you need to make sure all of the right procedures have been followed so that you are protected. Quitting you job will probably affect your right to wage loss benefits but probably not your medical benefits. You need to consult with a local workers' compensation attorney before you take any drastic steps.


  7. Get a Worker's Compensation lawyer as soon as possible. As in most of these cases, the employer and the workers compensation carrier has many tricks up their sleeve. Forcing you to quit is one of those tricks. If you need help in finding an aggressive workers compensation lawyer to represent you, feel free to email me at advocate1@comcast.net.
    Bob Shapiro

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. advocate1@comcast.net, 305 373-1099.

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