Alabama Workers Compensation Lawyers  Can I quit my job after suffering a work injury

Alabama Workers Compensation Lawyers  Can I quit my job after suffering a work injury

Powell and Denny opened our doors in 1998, and both Mr. Powell and Mr. Denny had several years of experience handling Alabama job injury claims prior to starting our own firm.  One that we still hear a lot, from prospective clients and clients we are representing, is “can I leave my job?”  The injured worker is worried that by quitting their job to take a new job, they will be hurting their AL workers’ comp claim.

What I always tell them is that a worker recovering from a workplace injury should not forgo doing what is best for them and their family just because it might have an effect on their underlying workers’ compensation claim.  If the new job is one the injured workers can perform and it is better for them and their family, I believe they have an obligation to do so, even though it might mean less money in the workers’ comp claim.

The fact that you may leave your job does not mean that your injuries are no longer covered by your former employers’ workers compensation coverage. The workmans’ comp carrier is still responsible for your medical treatment and compensation whether you still work for the same employer or not.

However, quitting your job could affect your right to temporary total disability benefits (ttd) you might otherwise be entitled to receive. When a worker is given work restrictions, the employer has the right to accommodate said restrictions and allow you back to work, or if no such accommodation is made, the injured worker is entitled to ttd benefits during the time of their recovery or until such time as their employer can accommodate any restrictions. By quitting your job before you reach maximum medical improvement (mmi), you have basically waived any obligation for your employer to try to accommodate your work restrictions, and if they would have been able to accommodate said restrictions, then you would not be entitled to any ttd benefits.

So, quitting your job will not act to waive your overall rights under Alabama’s workers’ compensation system, but it may affect some rights.

Having stated this, you do have some obligations if you are going to accept a new job: First, be sure to be honest with your new employer. Let them know what your injuries are, what your medical regime is and what your current physical limitations are-failure to be upfront and honest could cause irreparable harm to your claim and your new employment status.

Secondly, if you are drawing temporary total disability (ttd) benefits, you have to inform the workers compensation carrier of the fact you are working so your ttd check can be stopped or the amount lessened. Working and earning an income while drawing ttd benefits can be found to be a fraudulent and criminal act, so it is vital to be sure all the appropriate parties are aware of your new job.

 

If you have suffered a job injury and you have questions about your rights under Alabama Workers Compensation laws, please do not hesitate to contact and speak with one of the experienced Alabama+ Workers Comp Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live.

Powell and Denny: We Work When You Can’t

Offices in Huntsville, AL and Birmingham, AL

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry and included in the list as one of the Mid-South’s Super Lawyers.

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

Alabama Workers Compensation Lawyers  Can I quit my job after suffering a work injury