Can I quit my current job if I am currently seeking worker Comp?

UPDATED: Sep 30, 2022

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Can I quit my current job if I am currently seeking worker Comp?

I was injured on the job and it was because the company runs short staffed. I
have decided to switch jobs, but there is currently a workers comp situation
going on. I have been on work restrictions for almost 5 weeks and have at least
2 more weeks to go. Can I legally quit my current job and still get the workers
comp for the medical bills?

Asked on November 4, 2016 under Employment Labor Law, North Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Technically, quitting your current job does not affect the validity of your claim. Practically, it may make it more difficult to receive the compensation, since insurers (e.g. the ones providing worker's comp) are suspicious of claims arising shortly before, as, or after a worker quits or resigns: since the worker is leaving employment, they often believe that the worker is just trying to get extra pay from his (soon-to-be) former employer as he/she walks out the door. You can still prove that the claim was valid, but you should expect extra scrutiny, delay, and "push back" on the claim, and expect that you may need addititional proof that it was an on-the-job injury to get your claim approved.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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