Fayetteville Workers Comp Attorney


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Can You Still Get Workers Compensation if You Quit in Arkansas?


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A work injury can be devastating. If you suffer a severe work-related injury, you could be looking at months of painful recovery, physical therapy, and lost wages. Fortunately, most Arkansas employers provide their employees a safety net through workers’ compensation insurance. One question Ken Kieklak, Attorney at Law, gets is, “what happens if I quit my job while I’m collecting?” Below, our Fayetteville workers’ compensation attorney looks at that question and other related issues.

Workers’ Compensation Medical Benefits and Quitting Your Job

One of the primary benefits available to injured employees through workers’ compensation insurance is coverage for their medical expenses. Depending on the severity of an injury, an injured worker could be facing weeks of hospitalization, multiple surgeries, physical therapy, and high medication costs. Fortunately, if you quit your job, you should still receive medical benefits – up to a point anyway.

Maximum Medical Improvement

If you are receiving medical benefits through workers’ compensation, they will continue until your condition has reached “maximum medical improvement” (MMI). MMI means that you have reached a point in your recovery where further improvement of your condition is impossible. This does not necessarily mean that you are fully healed from your injury. When your doctors determine that your condition will not improve, no matter what medical treatment you receive, you have reached maximum medical improvement.

If you are injured at work and receive medical care through your employer’s workers’ compensation insurance, an approved doctor will give you a disability rating. Our Arkansas workers’ compensation lawyer should be given a written statement detailing your rating. Included in this rating will be any work restrictions or limitations your doctor recommends.

Once you have reached your MMI, your workers’ compensation medical benefits will end. This is true whether you return to work as a full-time employer, on limited duty, or if you had quit your job. Our experienced Arkansas worker’s compensation attorney can help ensure that you receive the treatment you deserve. If additional medical treatment or therapy is available that will improve your condition, the insurance company or their approved physician should not determine that you reached your MMI.

Quitting Your Job and Lost Wages Benefits Through Workers’ Compensation

If you are out of work due to an injury that you suffered while on the job, you are entitled to lost wage benefits through workers’ compensation. Under Arkansas law, the period you will receive wage benefits is determined by the category of injury. Additionally, you will not be receiving your full salary. Most injured employees collecting workers’ compensation benefits are paid approximately 2/3 of their regular salary. This amount is also capped by statutory limits.

If you are completely disabled and unable to work, then you could be entitled to additional benefits. Our University of Arkansas workers’ compensation attorney will help you understand the full scope of available benefits. However, lost wage benefits differ from medical benefits. Lost wage benefits are designed to provide financial assistance to workers who are unable to work because of the injury they suffered on the job. The keyword in the previous sentence is “workers.” If you quit your job, then you are no longer employed by your employer. Therefore, you will lose your lost wage benefits under workers’ compensation if you quit your job.

Quitting Your Job to Take a Lower-Paying Position While on Worker’s Compensation

If your medical condition limits your ability to work, you might consider quitting your current position to take a lower-paying job that will afford you some income. This is especially the case if your former employer cannot provide you with a job that you are physically capable of doing. Under these circumstances, you might be eligible for partial disability payments. However, obtaining these benefits is rarely straightforward and an experienced Arkansas workers’ compensation case referrals attorney could prove invaluable during the process.

Do I Lose My Workers’ Compensation Benefits if I Was Forced to Quit My Job?

Under Arkansas and federal law, an employer is prohibited from firing an employee for filing a workers’ compensation claim. This illegal practice is known as “retaliation.” However, few employers will blatantly fire a worker because they filed an injury claim. If an employee is fired, their employer will often justify it as part of a previously planned budget cut or claim that the employee was fired for poor work performance before the injury. If you believe you have been fired for filing a workers’ compensation claim, it is crucial to speak with a knowledgeable Arkansas workers’ compensation attorney.

Not every employer will come right out and fire an employee after they have filed a workers’ compensation claim. In some situations, an employer will make the workplace so hostile that a worker believes their only course of action is to quit. For example, when an employee is cleared for limited duty by their doctor, they are given what amounts to horrible work to force them to quit. This type of conduct is also considered retaliation and is illegal. It is crucial to call our Arkansas RiceLand Foods workers’ compensation attorney if you believe you were placed in a position where your only option was to quit your job.

Call Our Arkansas Workers’ Compensation Lawyer to Schedule a Free Consultation

If you are hurt on the job, you could be facing a host of problems and issues. Whether it is a difficult recovery period, increasing medical expenses, or the financial strain of lost wages, injured Arkansas workers do not always have an easy road ahead. While you could be eligible for workers’ compensation benefits, the claim process can be challenging, especially if you are dealing with intense medical treatment. Workers who quit their jobs while receiving workers’ compensation add even more difficulties. Ken Kieklak, Attorney at Law, is committed to helping injured Arkansas workers navigate the workers’ compensation process. To schedule a free consultation and discuss how quitting affects your benefits, contact our office at (479) 439-1843.

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