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  1. #1
    Join Date
    May 2018
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    2

    Default Gave 2 Weeks Notice While on WC Now Want to Stay at My Job

    My workers compensation claim was made in the State of: Georgia

    i gave a verbal 2 weeks notice to my employer while i am still under a workers comp claim and my employer accepted it. i've changed my mind and want to continue to work. my employer stated that he was already in the process of getting my replacement and he is sticking to the 2 weeks notice. is there anything i can do?

  2. #2
    Join Date
    Oct 1971
    Posts
    5,059

    Default Re: Gave 2 Weeks Notice While on WC Now Want to Stay at My Job

    Quote Quoting daniel88m View Post
    My workers compensation claim was made in the State of: Georgia

    i gave a verbal 2 weeks notice to my employer while i am still under a workers comp claim and my employer accepted it. i've changed my mind and want to continue to work. my employer stated that he was already in the process of getting my replacement and he is sticking to the 2 weeks notice. is there anything i can do?
    I don't see how you can back out now - what happened, you found out you'd lose wage loss benefits because you quit?

    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
    May 2018
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    2

    Default Re: Gave 2 Weeks Notice While on WC Now Want to Stay at My Job

    yes, something along those lines.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,059

    Default Re: Gave 2 Weeks Notice While on WC Now Want to Stay at My Job

    Quote Quoting daniel88m View Post
    yes, something along those lines.
    So, you really don't want to "Stay at Your Job" you want to "Save Your Claim" - man up, admit the scam blew up in your face and move on.

    Why should the employer give you another bite at the apple? If you tried once, you'll try again.
    There's no way that employer will be forced into taking you back and I'm positive the carrier will put up an affirmative defense - I'd say you destroyed your claim beyond repair.
    You're still eligible for medical care until you heal 100%. (unless you do something stupid and lose that too)

    It's people playing the system that makes it hard on legitimate claims - that's why the carrier and myself have turned into pricks.
    In the last year we've had a flood of people attempting to game the system and using this forum as a tool to do so.
    Maybe it's always been that way and I didn't notice but I'm cracking down on it, you won't get help here.

    There may be an ambulance chaser out there that will take the case but it's something I don't condone in this forum.

    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
    3,760

    Default Re: Gave 2 Weeks Notice While on WC Now Want to Stay at My Job

    Good grief. Quitting your job while on workers' comp is one of the most expensive mistakes an injured worker can make. I doubt any lawyer will want your case, because you probably just destroyed most of the settlement value of it. Depending on the other facts of your case, that error might cost you $200,000 tax free dollars or more.


    Of course they will not let you come back! In work comp, the employer is almost always looking for a way to get rid of the injured worker in a way that is legal and not economically damaging to the employer. By voluntarily quitting you accomplished that goal for the employer and insurance company without them having to take any risks. Not to pile on, but they will be laughing all the way to their bank.

    Your situation illustrates what happens when people make decisions on matters of legal importance without first getting legal advice from a lawyer competent in that area of the law.

    Good luck to you anyway. Talk to a good work comp lawyer. Maybe he or she can figure out how to salvage your case for you.
    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

  6. #6
    Join Date
    Jul 2018
    Posts
    2

    Default Re: Gave 2 Weeks Notice While on WC Now Want to Stay at My Job

    Quote Quoting tony View Post
    It's people playing the system that makes it hard on legitimate claims
    One way to crack down scammers is to give MRI very early on and screen these people out. MRI need to be cheaper, I guess.

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