In Georgia, workers’ compensation laws protect employees who suffer work-related injuries or illnesses by providing medical benefits and wage replacement during recovery. However, a common concern arises when injured workers consider quitting their jobs while receiving workers’ compensation benefits. Whether due to dissatisfaction with the employer, a desire for a career change, or even the belief that the job contributed to their injury, quitting a job while on workers’ compensation can impact your benefits and legal standing.
If you or someone you love has suffered workplace injuries, contact a dedicated workers’ compensation lawyer Georgia to ensure you receive the maximum compensation you are entitled to.
Workers’ Compensation in Georgia: A Brief Overview
Before assessing the implications of workers’ compensation and quitting a job, it’s essential to understand how workers’ compensation works in Georgia. The state’s workers’ compensation system provides two primary benefits to injured workers:
- Medical Benefits: Coverage for all necessary and reasonable medical treatments related to the work injury or illness
- Income Benefits: Wage replacement for time lost from work, generally at two-thirds of the worker’s average weekly wage (up to a maximum limit)
These benefits are paid regardless of fault, meaning an injured employee doesn’t need to prove their employer’s negligence to receive compensation. However, when an employee voluntarily leaves their job while receiving these benefits, it raises questions about eligibility and continuation.
Impact on Medical Benefits When Resigning While on Workers’ Comp in Georgia
If you are quitting a job while on workers’ comp in Georgia, you will likely continue receiving workers’ comp benefits related to medical expenses after you leave. Medical benefits includes coverage for doctor visits, surgeries, physical therapy, medication, and other medical treatments.
However, quitting your job does not free you from complying with the requirements imposed by Georgia’s workers’ compensation laws, such as attending scheduled medical appointments or following your physician’s treatment plan. As long as your treating doctor certifies that you need ongoing treatment for your work-related injury, your employer’s insurance company must cover your medical costs.
Impact on Wage Replacement Benefits
While quitting your job may not necessarily impact your medical benefits, it can affect your wage replacement benefits. In Georgia, workers’ compensation wage benefits fall into two categories:
- Temporary Total Disability (TTD) Benefits: If you are unable to work at all due to your injury, you receive two-thirds of your average weekly wage (up to the state’s maximum).
- Temporary Partial Disability (TPD) Benefits: If you can return to work but are earning less than before due to your injury, you receive two-thirds of the difference between your pre-injury and post-injury wages.
If you voluntarily quit your job while receiving TTD or TPD benefits, the situation becomes more complex with the workers’ comp insurance company. You should consult with a workers’ compensation lawyer in Georgia to discuss your best legal options.
Temporary Total Disability (TTD) Benefits
If you are still unable to work at all due to your injury and you voluntarily quit, you could lose your TTD benefits. The rationale is that quitting your job makes it difficult to determine whether your inability to work is due to your injury or your decision to leave. Quitting your job could be interpreted as a voluntary action that affects your availability for work, and thus, you may forfeit your entitlement to wage replacement benefits.
However, if your treating physician certifies that you are completely unable to work because of your injury, you may still qualify for TTD workers comp benefits. It is important to ensure that your doctor’s opinion remains well-documented so that the employers provide workers’ comp insurance benefits.
Temporary Partial Disability (TPD) Benefits
If you quit your job while receiving TPD benefits—meaning you can work with restrictions but earn less than before—you may lose your right to those wage benefits. Since TPD benefits are calculated based on your current earnings compared to pre-injury earnings, quitting the job may result in the argument that you are voluntarily reducing your income, thus disqualifying you from additional wage compensation. Be prepared to explore your legal options with a Georgia workers’ compensation attorney.
Voluntary Resignation Vs. Termination
Another factor to consider is the distinction between quitting your job and being terminated for cause. If you quit voluntarily, as mentioned, there may be consequences for your wage replacement benefits. On the other hand, if you are terminated or laid off for reasons unrelated to your injury (e.g., company downsizing or performance issues), your workers’ compensation benefits may continue, provided you remain eligible due to your injury status.
However, if you are fired for cause, such as for misconduct or failure to comply with job duties, it may complicate your claim, and you could lose wage benefits. Georgia courts have generally ruled that termination for cause can limit workers’ compensation wage replacement if employers can show that the employee would have been able to return to some type of work within the company had they not been terminated.
Seeking Alternative Employment
If you quit your job but can seek alternative employment that accommodates your injury restrictions, this could also impact your benefits. Workers’ compensation insurance carriers may argue that since you can find alternative employment, your eligibility for wage replacement benefits should be reduced or eliminated.
However, if your new job pays less than your pre-injury wages, you may still be eligible for TPD benefits. Keep in mind that any new employment must be compatible with your medical restrictions to avoid aggravating your injury.
Legal Considerations and Potential Risks
If you’re considering quitting your job while receiving workers’ compensation, it’s important to understand the potential legal consequences and seek advice from an experienced personal injury lawyer Georgia. Quitting may raise questions about your commitment to recovery and the legitimacy of your workers’ compensation claim.
Insurance companies may seize the opportunity to challenge your benefits, potentially leading to benefit reduction or denial. Moreover, quitting your job could be seen as an attempt to sever the employment relationship, making it harder to pursue claims such as retaliatory discharge if your employer attempts to deny your workers’ comp rights.
Get Legal Help from Our Experienced Georgia Workers’ Compensation Lawyers
At the Law Offices of Jorge Luis Flores, LLC, we have extensive experience helping injured workers recover the full compensation they may be owed under the workers’ compensation system in Georgia.
If you have been injured at the workplace, we can provide legal advice, negotiate with insurance companies on your behalf, and aggressively advocate for your right to receive fair compensation—even if you are considering quitting your job. To schedule your free consultation, call us 24/7 at (770) 405-1339 or contact us online.