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  1. #1
    Join Date
    Nov 2017
    Posts
    3

    Default Resigning an Income Coverage

    My workers compensation claim was made in the State of: New York

    Hello, I'm a teacher who suffered a back injury on the job a month ago. My current position requires me to deal with students who have severe behavioral issues and require frequent physical interventions/ crisis management. I have been in the field of special education for many years but this is my first back injury. My employer is unable to offer me another position at the district and the doctor will not release me to go back to work as my back has not recovered yet. My re-eval is not for another month. My therapist is concerned having me return to this type of work as the risk of re-injury is very high- having to work with severe behaviors and do physical restraints many times a day. The crisis management/ physical intervention program we use does not protect the back whatsoever, and is probably the worst thing for someone who has suffered any back issue. The employer is putting pressure on me to resign as they have had to keep my position open for over a month and they are having difficulty with finding a substitute for my job. After having suffered a back injury, I know this is a road I would like to continue to avoid, and I'm beginning to think it's time for a new line of work. I would like to know if my w/c income would continue to be covered if I resign from this job? I've been told the insurance benefits will continue, but I've been unable to get a straight answer regarding the income part. Insights are appreciated. Thank you!

  2. #2
    Join Date
    Oct 1971
    Posts
    5,035

    Default Re: Resigning an Income Coverage

    iveets10
    I would like to know if my w/c income would continue to be covered if I resign from this job?
    Voluntarily removing yourself from the labor market is grounds to terminate wage loss benefits.
    Before you proceed further, consult and retain a lawyer.
    WHATEVER YOU DO, DO NOT RESIGN - You'll forfeit wage loss benefits.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Nov 2017
    Posts
    3

    Default Re: Resigning an Income Coverage

    Finally a straight answer-thank you! If I have another job lined up that is within my physical abilities, would it then be safe to resign? - I know I would have to report this to work comp upon resigning and then accepting another job.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,035

    Default Re: Resigning an Income Coverage

    I have another job lined up that is within my physical abilities, would it then be safe to resign?
    If you're working, you have no wage loss- thus no need for wage loss benefits.
    If this new job is solid and you feel comfortable forfeiting wage loss benefits - go for it.
    I still say to consult a lawyer before deciding anything.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  5. #5
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,754

    Default Re: Resigning an Income Coverage

    Jeez, quitting a job is one of the worst things a work comp claimant can do! Get yourself some legal advice from a local workers' comp lawyer, before you do something else that destroys your claim.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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