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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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