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  1. #1
    Join Date
    Sep 2012
    Posts
    2

    Default Can I Quit My Job and Get Unenployment

    i am out of work at the moment due to back surgery for a herniated disc. workmans comp went fine and took care of everything. My problem is that i do heating and air conditoning (HVAC). My doctor sugested that i change jobs because i could easly hurt my back again. Can i quit my job and still get unemployment benafits or something elce untill i find a new job?
    thaks for your time.
    Adam

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Can I Quit My Job and Get Unenployment

    since your doctor has not released you to return to work you need to be at MMI to be eligible for unemployment.

  3. #3
    Join Date
    Sep 2012
    Posts
    2

    Default Re: Can I Quit My Job and Get Unenployment

    i am sorry i was not clear enough i ment if i quit my job now can i get unenployment when my doc says that i can go back to work? i have another job lined up but it might take a little bit of time after my doc says that i can start working again. thanks.
    Adam

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Can I Quit My Job and Get Unenployment

    Doubt you need to actually quit your pre injury job... you can't go back anyway... Dr orders.
    Just take the MMI release to return to work to the UI dept. when you file your claim.
    i have another job lined up but it might take a little bit of time after my doc says that i can start working again
    You have no reason to quit...you are TTD right now, and should be receiving those weekly wage replacement checks from the IC.
    Why do you want to quit ?
    You have a job lined up for when you are released to RTW...

  5. #5
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Can I Quit My Job and Get Unenployment

    Quote Quoting adam1911 View Post
    i am sorry i was not clear enough i ment if i quit my job now can i get unenployment when my doc says that i can go back to work? i have another job lined up but it might take a little bit of time after my doc says that i can start working again. thanks.
    Adam
    if the employer has work for you within your restrictions and you quit your job you will not be eligible for unemployment.
    trying to guess the future and act now could jeopardize benefits. best to wait and see if there is a job, see what your restrictions are, and see if you're at MMI before planning on unemployment.
    Last edited by .SH; 09-20-2012 at 07:08 AM.

  6. #6
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: Can I Quit My Job and Get Unenployment

    Adam1911

    Welcome to the NJWC Forum. We all hope your recovery goes well. I must agree with the advice given in that it is too soon to decide to seek a new line of employment. UNder NJWC if at the end of corrective care if it is suggested that you seek a new line of work you will be entitled to Vo-training for a new line of work. Take all the benefits you are entitled to. Then if you want to jump ship to your other work that you had in mind that would be a more appropriate time to make that decision.

    Many who have back surgery can return to their original line of work, more so when the surgery is not adding hardware to your back such as a laminectomy. After consulting with any work comp dr that suggests changes like that I would seek the advice of my personal Dr who may say only you know what you can do and not do. Once cleared to work.

    It is great advice to wait till you are MMI then see what your restrictions are if any??? However if you are MMI more info is needed to answer your main question. Take your time and allow your body to heal. The worst thing you can do is jump into something b4 you are ready.

    Good luck.

    BUG

  7. #7
    Join Date
    Jun 2011
    Location
    Morristown, NJ
    Posts
    15

    Default Re: Can I Quit My Job and Get Unenployment

    Do not quit your job. If you do, when you reach MMI, your employer will be able to successfully contest your unemployment. You are ceding temporary disability benefits now, so there is no urgency. Wait to see how your medical care and work status proceeds. If you are never able,to go back to this work, then your employer will terminate you and you will be eligible for unemployment at that time. I hope you understand that, in addition to medical care and temporary disability benefits, you are entitled to a third type of NJWC benefit, permanent disability benefit. This is money to compensate you for your injuries. To receive permanent disability benefits, you do not have to show that you will never work again, only that there has been a lessening in your functioning ability. Unfortunately, it seems pretty clear that you will have some level of decreased functioning. Good luck.

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