Filing a Workers’ Compensation If You Quit Your Job
Sometimes after a workplace injury, you might be so frustrated with your employer that you decide to quit your job. You might not be thinking clearly after a serious injury, or you might be angry that your employer has told you that you need to return to work despite your inability to perform your job fully (or at all) due to your injuries. It is important to know that employers cannot tell you that you are well enough to come back to work after an injury, or that an injury is not serious enough for workers’ compensation benefits — that determination is not for your employer to make. A workers’ compensation lawyer in Fort Lauderdale can help you if you are in this situation, and we also know that this type of interaction with an employer often results in the injured employee quitting.
If you are in this type of situation, you might be concerned about whether you can still file a workers’ compensation claim if you have now quit your job. An attorney at the Law Offices of David M. Benenfeld, P.A. can tell you more.
You Can Be Eligible for Workers’ Compensation If Your Injury Occurred While You Were Employed
Quitting a job after a workplace injury does not prevent you from being eligible for workers’ compensation benefits. To be sure, under Florida law, you can be eligible for workers’ compensation if your injury occurred while you were employed, and as long as you meet other requirements. Your employer must also be required to have coverage. In general, Florida law requires all construction industry employers to carry workers’ compensation insurance, and most other employers must have coverage if they have four or more employees.
Resolving a Dispute with Your Employer or the Insurance Company
Whether you quit your job because of your employer’s actions (or inaction) in the aftermath of your workplace injury or for other reasons, quitting does not prevent an injured former employee from obtaining benefits as long as you were employed at the time of the injury, as we discussed above. If your employer or the insurance company have indicated that you are ineligible for benefits, then an experienced workers’ compensation lawyer can assist you with the dispute resolution process.
You will need to abide by all requirements under Florida law, including reporting requirements and the requirement to see an approved provider. It will also be critical to document everything, especially all medical records. To resolve a dispute, you can work with your lawyer to go through the dispute resolution process discussed in Section 440.25 of the Florida Statutes.
In short, quitting your job might make the process of seeking workers’ compensation benefits more complicated in some cases, but you will not become ineligible for benefits because you have quit following an injury.
Contact a Fort Lauderdale Workers’ Compensation Attorney
If you need assistance with your workers’ compensation claim, an experienced Fort Lauderdale workers’ compensation lawyer at the Law Offices of David M. Benenfeld, P.A. can help you to seek the benefits you need during this difficult time.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html
flsenate.gov/Laws/Statutes/2012/440.25