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Am I still entitled to indemnity pay if I quit my job two months after an injury?

Lawrenceville, GA |

I am currently on a sedentary work restriction and am unable to continue my field of work at the moment. I quit my job after being listed as fit for full duty by one of the insurance companiy's doctor in Iowa. I had to fight to get a second opinion back home in Atlanta. After an MRI, I have been told that I either have a ruptured or herniated disc. I am now scheduled for an EMG/NCS, physical therapy and further evaluations. There is no known recovery time at this point and I have bills due.
The insurance company has denied any indemnity claim based on my resignation.

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Attorney answers 2


The reason that you resigned from your job could affect whether you should begin receiving indemnity benefits. If you had to quit because of your injury, you could be entitled to get your benefits restarted. Even if you quit for other reasons, you should be able to get indemnity benefits restarted if you can demonstrate that the work restrictions from your injury are preventing you from finding work elsewhere. Finally, if you are taken completely out of work, then you should be able to get indemnity benefits.

I am assuming that you have a Georgia Workers' Compensation claim and my comments above are based on that. The reason why I ask is that you mention the insurance compay's doctor in Iowa. If your claim is not a Georgia claim, the answer could certainly be different.


I agree with Jason. I recently had a client in a similar situation, so I got his doctor to agree that the current restrictions stemmed from the injury and should have been in place since the injury (i.e., for your situation, the "company doctor in Iowa" was wrong). I recommend you do the same.