Can I Quit My Job While on Workers’ Comp in California?
As an injured worker, you may find yourself at a crossroads, wondering if you can quit your job while on workers’ compensation and what would happen to your benefits if you do. It’s a crucial question, and the answer could significantly impact your life and the decisions you make. Below, we address this question head-on and also provide answers to related questions you may be considering. If you’ve been hurt on the job in Southern California and need help with any questions related to workers’ comp, call Invictus Law, P.C., to share your concerns with a California Board-Certified Specialist in Workers’ Compensation.
First, let’s address the main question. In California, you technically can quit your job while receiving workers’ compensation benefits. However, this decision should not be made lightly, as it could potentially influence the type and amount of benefits you receive. For instance, your medical care and recovery should be covered for as long as you need it, even if you left your job. However, your right to receive temporary disability (wage replacement) benefits could be lost, and your ability to collect permanent disability benefits could be compromised as well. Talk to a lawyer before deciding to quit to make sure you understand your options and are making the best decision for you and your family.
What can an employee not do while on workers’ comp in California?
While receiving workers’ comp, an employee must comply with certain obligations. These include attending all medical appointments, following prescribed treatment plans, and refraining from any activities that contradict medical advice or restrictions. For example, if you’re prescribed rest and are found participating in strenuous activities, this could jeopardize your claim.
Can I file a workers’ comp claim after quitting in California?
Yes, you can still file a workers’ compensation claim after quitting your job. However, the timing is crucial. If your injury occurred while you were employed and you quit afterward, you would typically still be eligible for benefits. It’s always best to consult with an attorney before making such a decision.
Can an employee on workers’ comp in California be fired?
Legally, an employer cannot fire an employee simply because they filed a workers’ compensation claim. However, an employer may be able to terminate an employee for legitimate business reasons, such as a company-wide downsizing.
Keep in mind, navigating these legal waters can be complex. The above information provides a broad overview, but every situation is unique. That’s where the expertise of Invictus Law, P.C. comes in.
As a premier law firm specializing in workers’ compensation in Southern California, we have a deep understanding of the complexities of workers’ compensation law. Our lead attorney is a certified specialist in workers’ compensation, so you can trust us to provide expert guidance.
Your Local Experts in Workers’ Compensation Law
If you’re an injured worker in Orange County or the Inland Empire considering whether to stay in your job while on workers’ comp, or if you are wrestling with other related issues, we’re here to help. Our team is well-equipped to answer your questions, guide you through your unique situation, and advocate for your rights. Call 949-287-5711 or 888-9WORKLAW to speak with an attorney or schedule a consultation at our offices in Orange and Ontario.