Sometimes it is necessary to leave your place of employment. It could be a better opportunity, a move to another state, or simply a career pivot. However, if you are currently receiving workers’ compensation benefits leaving your job could present certain difficulties and challenges. Before deciding to turn in your resignation, you should speak with our Arkansas workers’ compensation attorneys so you understand the potential consequences.
Your medical benefits will usually continue if you leave your job. However, there are circumstances where this is not the case. Additionally, if you are receiving monetary benefits to cover your lost wages while you recover from your injury, you will lose this portion of your workers’ comp benefits if you quit your job.
Workers’ compensation was designed to provide injured employees with the financial assistance required to navigate a serious injury while being out of work. However, insurance companies generally value profits over the wellbeing of Arkansas workers. Therefore, even though the process might appear straightforward, having qualified legal representation could help you avoid problems that derail the compensation you and your family need. Call (479) 316-0438 to discuss the best course of action and ways to avoid unnecessary complications.
Do I Need to See a Doctor to Qualify for Workers’ Comp?
To receive worker’s compensation benefits in Arkansas, you must have sustained a work-related injury. A medical report from a doctor forms the legal basis for justifying your benefits. Without medical evidence, including documentation establishing the origin and severity of your injury, your workers’ compensation claim will be denied.
Furthermore, in Arkansas, your employer or their insurance provider will pick the doctor. Your personal physician will not necessarily be treating you. In fact, receiving treatment from an unauthorized doctor could jeopardize your benefits claim. If you are unhappy with the chosen physician or disagree with their diagnosis, contact our Fayetteville workers’ compensation lawyers immediately.
Can I Resign From My Job While Receiving Workers’ Comp in Arkansas?
People resign from their jobs for various reasons, including moving to a new location or finding a better-paying position. Just because you are on workers’ compensation does not mean you might not find yourself in a position to leave your current job. However, there are some factors you should consider before turning in your resignation.
First, in most cases, you should continue to receive benefits for your medical costs. However, if you leave your job, you will no longer be eligible for benefits that reflect your lost income.
Generally, our Fort Smith workers’ compensation lawyers do not recommend leaving your job if your workers’ comp claim is not settled or is being actively contested. Furthermore, if you leave your job to take another position, your benefits could be drastically reduced or terminated.
Can My Employer Fire or Force Me to Resign While on Workers’ Comp in Arkansas?
Under the law, an employer is prohibited from firing someone because they were injured and filed a workers’ compensation claim. However, this is complicated by the status of your employment.
At-will employees in Arkansas could be fired for any reason whatsoever. Your employer is not required to give you a reason. If you are an at-will employee, your employer could fire you for a broad range of legal reasons, including job performance, pre-planned playoffs, or other causes not related to your workers’ comp claim.
If you are a contract worker, you will have specific job protections written into the provisions of your employment agreement. In this case, your employer will have to comply with any restrictions, limitations, or other requirements under the contract. Typically, contract workers are much more difficult to fire than at-will employees.
Nonetheless, an employer is not legally allowed to retaliate against you if you file a workers’ compensation claim. For example, you cannot be demoted, reassigned, or made to work in an uncomfortable or hostile work environment for filing a benefits claim.
If you believe you were the victim of retaliation by your employer, you should call our experienced Bentonville workers’ compensation lawyers to review your case. It is also vital to gather evidence to support your claim, including emails, memos, the termination notice, copies of company policies, the employee handbook, performance reviews, and any other information related to your job and termination.
What Are My Legal Options for Workers’ Comp in Arkansas?
People who are hurt at work have a right to file for workers’ compensation benefits. Under Arkansas law, this system provides injured employees a streamlined way of obtaining important financial benefits to cover medical costs and lost income. Because the need to prove liability or negligence has been removed from the process, an injured worker should quickly receive the benefits they need.
While beneficial, workers’ comp has its limitations. Benefits will not replace your full salary and, because you are not filing a personal injury lawsuit, you are not entitled to compensation for pain and suffering. However, in certain situations, a third party could also be held accountable for your injuries and losses. To understand your full legal rights, contact our experienced Harris workers’ comp lawyers.
When Should I Contact a Workers’ Comp Attorney in Arkansas?
When opportunity knocks, you want to answer. However, leaving your job while on injury leave and receiving workers’ compensation benefits could result in many unforeseen and practical complications. Furthermore, some employers will either work to deny your justified benefits or fire you to avoid paying for workers’ comp benefits. You should contact our Springdale workers’ compensation lawyers if you are thinking about resigning, believe your employer is retaliating against you, or if your benefits claim was denied. It is in your best interest to contact our law office if you were injured on the job to assist you with your workers’ comp claim and to investigate your accident to determine if another party could also be held liable. Call (479) 316-0438 if you have any questions about workplace injuries or workers’ comp claims in Arkansas.
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