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  1. #1
    Join Date
    Apr 2011
    Posts
    6

    Default What if You Quit Your Job

    My workers compensation claim was made in the State of: South Dakota.
    I was injured at work a couple weeks ago. I have 2 questions, if you decide to leave your job, is your employer still required to cover your medical expenses through Work Comp after you leave the job? Can your employer force you to use personal vacation time during the period you were absent if the doctor did not release you to work?

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: What if You Quit Your Job

    yes.
    workers comp is not health insurance.
    you are not covered.
    it's the employers policy and will protect them from your claim as long as you have one.

    workers comp does not cover employer leave policies.
    you can check with your labor commissioner but most states give the worker a choice of no pay or draw leave.

  3. #3
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: What if You Quit Your Job

    Quote Quoting CMQ View Post
    My workers compensation claim was made in the State of: South Dakota.
    I was injured at work a couple weeks ago. I have 2 questions, if you decide to leave your job, is your employer still required to cover your medical expenses through Work Comp after you leave the job? Can your employer force you to use personal vacation time during the period you were absent if the doctor did not release you to work?
    You want to leave your employer voluntary, and remain on workers compensation?

    I'm attaching a link to your states comp., site, it may be of assistance about your wage issue.

    http://dol.sd.gov/workerscomp/default.aspx
    Knowledge is a beneficial tool for the injured worker!

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What if You Quit Your Job

    . I have 2 questions, if you decide to leave your job, is your employer still required to cover your medical expenses through Work Comp after you leave the job?
    Why would you voluntarily quit?
    The comp claim remains open, but if you quit, the ER/IC could petition the court to stop wage replacement/TTD benefits you may be eligible for. Not a good idea ....
    The medical would remain open to you.

    Can your employer force you to use personal vacation time during the period you were absent if the doctor did not release you to work?
    There is no "yes/no" answer to the vacation issue.
    There may be more to it than the way you have asked the question.
    If you are eligible for unpaid leave under FMLA...No, you cannot use your vacation time...
    Can an employee on WC leave be required to use vacation or sick leave?

    The FMLA allows employers to require employees, or employees to elect, to substitute accrued vacation, sick, or other paid leave for all or part of the 12 weeks of unpaid leave. Employees on WC leave typically receive up to two-thirds of their normal pay as a wage benefit under state law. In recognition of this benefit, the FMLA regulations do not allow the use of paid leave if the employee is receiving workers’ compensation, even to make the employee "whole" or if requested by the employee. However, the employer may designate the leave as FMLA leave and count it against the employee’s 12-week FMLA entitlement.
    More FAQ's are here http://www.ppspublishers.com/articles/fmla.htm#6. Can an employee on WC leave be required to use vacation or sick leave

    FMLA would also provide up to 12 weeks job and benefit protection. There is no job protection in filing a WC claim.

    Don't quit, at least until you have consulted with a competant WC atty.

  5. #5
    Join Date
    Apr 2011
    Posts
    6

    Default Re: What if You Quit Your Job

    I guess the main thing I am wondering is medical bills. I have no issues with wages. I am a salary employee and was paid while I was out of work. I am more concerned about leaving the job and then receiving a stack of medical bills months later. I have been told that the employer is responsible for covering the bills whether or not you are still employed there since you were employed at the time of the incident.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What if You Quit Your Job

    I have been told that the employer is responsible for covering the bills whether or not you are still employed there since you were employed at the time of the incident.
    The access to medical care is provided until you cash out the benefit by resolving the case in chief...or reach a statutory cap. Some states provide a SOL... if you do not seek treatment for 18 to 24 months after the last payment of benefits, the claim closes. Including medical.

    I have no issues with wages. I am a salary employee and was paid while I was out of work.
    You have a union contract, or salary continuation agreement with the ER ?
    If so, you are one of the more fortunate IW's here.
    However, those continuing wages are subject to taxes as though you were working. That may or may not make a difference.

    There is still no reason to voluntarily terminate your employment...and doing so could result in forfeiting those wages and/or disability benefits.

  7. #7
    Join Date
    Apr 2011
    Posts
    6

    Default Re: What if You Quit Your Job

    The unfortunate part of this whole ordeal is that I was thinking about leaving the job before I was injured but never found another job. My reason for leaving was a hostile, " every man for himself" work environment. And then I was injured. From reading the rest of the posts, I feel as if I'm stuck in this environment until everything is settled with WC and insurance.

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: What if You Quit Your Job

    I feel as if I'm stuck in this environment until everything is settled with WC and insurance.
    Not really.... you can drop the claim at any time... at any time that is you are willing to accept the liability for your injury, including medical care out of your pocket.

    Your injury and any benefits due is based entirely on the ER liability. IW's are not responsible for the injury and associated medical/wage replacement benefits.

    You can of course return to work any time you feel you are capable of performing the job function of the job you make application for.
    The comp claim won't close...but your wage replacement benefits would obviously stop, and if there were a lower wage in the new job...you wouldn't be paid any wage differential, as this ER is not responsible for that.

    There doesn't have to be any ''settlement'' to this claim, you can't force a lump sum payment to cash out. The ER/IC will likely make you a cash offer to drop the claim... but they can't force you either.

    As I said...WC is all about paying benefits you are eligible for... whether that is medical care, wage replacement or indemnity due to impairment or loss of earning capacity and/or ability to compete in the open labor market.

    It may be that you are ""fortunate"" at this point for the injury... hopefully it's not serious. But if you discuss any permenant restrictions your Dr may apply, you are being ''paid'' to look for that new job if you like. If you are presented with a viable future... I'd take it.

  9. #9
    Join Date
    Feb 2007
    Location
    Western New York State
    Posts
    1,340

    Default Re: What if You Quit Your Job

    BvIA may have stated this. But, why quit? Look for a job and if one is found the quit your old job. YOU ARE NOT to pay any medical bills related to your injury!
    Do you have an attorney? It may be a good idea to speak with one as we don't know the severity of your injury. You may have a broken finger which may keep you out a month or a serious back injury which may effect your future, and if you leave without some sort of settlement you may have to pay future medical bills!
    No one here can provide legal information but can explain as former or current injured workers our experiences but listen, especially to BvIA as he has all the bases covered, and I think I have a few!!
    Good luck. Don't take what appears as a bleak forum as a deterrent, this is your future we are writing about and there more success stories than negative ones,, and they are the ones who don't post any longer!
    Knowledge is a beneficial tool for the injured worker!

  10. #10
    Join Date
    Apr 2011
    Posts
    6

    Default Re: What if You Quit Your Job

    Basically all I have now is a broken finger tip. I had a few stitches in two fingers and the one finger had a more serious injury as it was broken, fingernail ripped off, deep cut (doctor said it could have been severed completely). They were crushed by some metal. I have returned to work with limitations but have to see a doctor once a week until the bone is healed. I have continued searching for jobs but nothing has come up that is equal to or better than my current position. I am going to stick with my current job until I find something better. Hopefully I will be completely healed by the time I do. I just wanted to make sure if something were to come my way and I did leave that I wouldn't end up with a pile of medical bills after I left my current employer. This forum has been a lot of help. I appreciate all of your posts!

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