If you have been injured in the workplace, you may wonder if it is worth staying in your current position. There are different reasons that an employee may be forced into make such a decision. Maybe it is because of a hostile work environment or physical limitations. Before you turn in that resignation letter, there are some factors you need to think about. Employers are required to pay certain benefits according to New York Workers Compensation laws, but you may lose out on other company perks if you resign of your own free will before settling your claim.
What Can Happen If You Quit Your Job During a New YorkWorkers Compensation Claim?
During an ongoing New York workers’ comp, if you were to quit your job you need to know there are potential consequences. Here are three potential concerns you need to be aware of.
- No Resignation Deal – Some companies have what is called resignation packages when handling workers’ compensation settlements. Your employer may give you a generous financial compensation package if you were to resign. Should you resign too early from your position, the company won’t have a reason to offer you a deal.
- Your Injuries May Worsen – If injuries you suffered become worse you may be eligible for further company benefits. If you were to resign, it can make increasing compensation a complicated matter, especially if you choose to work elsewhere. Your employer may argue that your injuries got worse due to your new job or outside factors out of their control.
- Missing Work at a New Place of Employment – If you miss work at your new place of employment, it can be difficult to determine wage compensation benefits if your absence is due to injuries you sustained at your previous job. If your injuries worsen, it could leave your new employer responsible for further compensation. This could cause conflicts that can hurt your claim.
Can Your Employer Force You to Resign for Filing a NYS Workers’ Comp Claim?
Most states don’t allow an employer to force you to resign a position just because you filed a workers’ comp claim. They also cannot prevent you from filing a workers’ compensation claim. Under New York’s workers’ compensation laws, such actions would be considered discrimination. If you are unable to work, your employer is not required to hold open your position if they must fill that vacancy. They can allow someone else to take over your duties while you recover.
What Does New York’s Workers’ Compensation Cover?
If you decide to quit your job, you can still qualify for cash and medical benefits under New York’s workers’ compensation laws. When it comes to cash benefits, they must equal two-thirds of your wage before the incident occurred. It can increase to a maximum compensation if you can’t return to work due to your injury. If you have a work-related injury, you are entitled to free medical care, provided that either the New York Workers’ Compensation Board or your employer approves it.
Can You Still File a Claim After You Quit Your Job?
You can file a workers’ comp claim even after you have resigned from your job. You will have to prove that you sustained your injuries while still working. New York workers’ comp law also requires you to notify your employer in writing of work-related medical conditions within 30 days. You have up to two years to file a claim after you have informed them.
Can A Workers’ Compensation Attorney Help You?
If you have a workplace incident, it is understandable that you may consider leaving your current position during the claim process. If you notify your employer as required, you may file for workers’ compensation benefits whether you decide to stay with the company or not.
