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  1. #1
    Join Date
    Feb 2008
    Posts
    7

    Default Changing Jobs With An Open W.C. Claim

    I was wondering about what happens if you change jobs while you have an open Worker's Comp Claim?

    Has anyone done this?

  2. #2
    Join Date
    Jan 2007
    Posts
    430

    Default Re: Changing Jobs / Open W.C. Claim

    I haven't done it, can't do it really.
    I'd say that the I/C will take into concidderation the fact that you're working again and try to reduce their liability even more due to the fact you're working again.
    If you are feeling good enough to go for it and return to work great!
    If you're just feeling inadequite and frustrated and want to try working out of frustration but can't really handle a return to work then you'll be hurting your case aganst your employer and its /C I/C.

    If it where me and I was truely able to work again then I'd be out there doing my thing and would deal with W/C as it comes, but I can't and even though there have been Times I got so close to trying my pain let me know that if I do this I'll be hurting myself in more ways than One.

    As for my job and KY W/C regs I quit to gain access to my retirement because of allot of Family obligations and as far as my case with W/C it hasn't and won't affect the outcome.
    If you quit and get another job and are able to keep your new job without being in too much pain then it would be a good thing and like I said, W/C would settle accordingly.

    Good luck and God bless. Hope this helps.

  3. #3
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Changing Jobs / Open W.C. Claim

    it's the employers insurance not yours; an injured worker changing jobs has no effect on the employers coverage.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Changing Jobs / Open W.C. Claim

    Quote Quoting honeylee View Post
    I was wondering about what happens if you change jobs while you have an open Worker's Comp Claim?

    Has anyone done this?
    Has your PTP released you to RTW...?
    If so, why have you not returned to the ER you were with at the time of your injury...?

  5. #5
    Join Date
    Feb 2008
    Location
    Illinois
    Posts
    78

    Default Re: Changing Jobs / Open W.C. Claim

    What state are you in honeylee? It depends on your states laws as to chaning jobs etc.

  6. #6
    Join Date
    Oct 2006
    Posts
    9,109

    Default Re: Changing Jobs / Open W.C. Claim

    no, it doesn't depend on the state.
    all states allow comp claims even if the worker is no longer employed.

  7. #7
    Join Date
    Jan 2007
    Posts
    430

    Default Re: Changing Jobs / Open W.C. Claim

    .SH is right. You can get hurt on the job, quit that Day and it will not affect your W/C claim, as long as you make the claim within the 24 Hour Time frame.
    Even after that you can still file as long as you reported the incident before you left the premises.
    You could in theory, get hurt at work, go to H/R with your Arm cut off and quit while on your way to the safety dept or your immediate supervisor to report the incident and it would have no affect on your W/C claim.
    Hurt is hurt and quitting is quitting, they're Two different things that have no affect on either one.
    Let's say you get hurt at work and report the incident. You quit that Afternoon but have no ill affects from the injury till 6 Months down the Road. Because you reported the incident you have a right to file a claim on the Co's W/C I/C.

    Now lets reverse it.
    Lets say you quit and on your way out of the premises, say while you where cleaning out your Locker, the Locker fell on you, crushing your Legs leaving you in a Wheelchair.
    Since you quit it's no longer W/C related but is now a negligence case.
    Here's where W/C laws really put the Screws to the employee.
    If the Locker fell on you, crushing your Legs while employed then W/C regulations would limit the Co as well as I/C's liability, leaving you with very little recourse.
    But where the Locker fell on you after you quit it no longer falls under W/C Regs so you'd be free to sue the Co for negligence as well as numerous other things that under W/C Regs protects them and makes them immune to prosecution.
    Workers Comp. Nice system eh?...
    Last edited by kentuckyranger; 03-19-2008 at 06:11 PM.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Changing Jobs / Open W.C. Claim

    ''... as long as you make the claim within the 24 Hour Time frame.''

    Check your state web site on the laws governing WC... there are statute of limitations (SOL) that related to your filing a claim for WC benefits. In Calif you have one year from the date of knowledge of your injury/illness to file a claim.

    If you are receiving benefits, TPD or Temporary Partial Disability, working 'light duty' and change jobs, to a position that is within your restrictions, or not doing something you claim as the basis for your injury, your WC benefits should not be affected.
    If you have been released to RTW and change jobs...your WC entitlement to future medical for your injury remains open, until/unless you settle your case by a C&R.

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