The law doesn’t prohibit you from switching jobs while navigating a workers’ compensation claim. However, you should know about the potential ramifications before switching. Below are some tips to help you minimize the complications.
Understand the Impact on Your Benefits
Before you switch jobs during a workers’ compensation claim, understand how the job change will affect your workers’ compensation benefits first. The impact will depend on several things, including the type of benefits you receive.
For example, you might lose wage replacement benefits if you get a job that pays the same or higher than your pre-injury salary. The loss makes sense since workers’ compensation insurance uses the benefits to bridge the gap between your post and pre-injury income. The bridging won’t be necessary if you get a higher-paying job.
On the positive side, you shouldn’t lose your medical benefits. You deserve the medical benefits for as long as you are injured. Thus, changing jobs won’t affect the benefits as long as you still need medical treatment.
Wait for Your MMI
Your maximum medical improvement (MMI) is the point at which the doctors don’t expect major improvements to your injuries. You can reach your MMI whether you have not attained full recovery. Ideally, you should wait until reaching your MMI before switching jobs.
For one, you will know your limitations and abilities better once you reach your MMI. That will allow you to know:
- Whether you will need benefits in the future
- Whether you have permanent limitations
- Your post-injury abilities
Use this knowledge to determine whether you are suited to the job you plan to take. This knowledge will also help you determine your suitability for the job market. Otherwise, you might struggle with work opportunities after leaving your current job.
Line up Another Job First
Another idea is to line up another job before quitting your current one. At the very least, you should research the job market, send applications, or even do interviews. Don’t quit your current job without positive feedback from your job hunt.
For one, some potential employers might be reluctant to hire you if you have not fully recovered. Some employers might also be apprehensive about your future injury risks.
Settle Your Case First
Workers’ compensation benefits can take two forms. The first option involves periodic benefits for as long as you need them. The second option is a settlement. With the second option, workers’ compensation calculates your future benefits and gives you a lump sum.
Consider settling your case before switching jobs. As previously mentioned, you risk losing some of your benefits if you switch jobs while receiving periodic benefits. However, workers’ compensation won’t come for the settlement check if you get it first before switching jobs.
Prioritize Your Current State
You will still get your benefits from your workers’ compensation insurer if you get an out-of-state job. Unfortunately, workers’ compensation laws tend to be complicated. Some doctors are even reluctant about dealing with out-of-state workers’ compensation insurers. You might struggle to get a doctor willing to process payments with an out-of-state insurer.
You can deal with this problem in two main ways. First, you can prioritize job opportunities in your current state. Secondly, you can look for doctors and arrange your treatment and payments before moving out of state.
Inform Your Workers’ Compensation Company
Inform your workers’ compensation insurance company and your attorney before switching jobs. Workers’ compensation might require you to pay back some of your benefits if you accept higher-paying work without informing them. Informing your attorney allows them to take the relevant steps to protect your interests and rights.
A workers’ compensation lawyer can help you navigate your claim and job change with minimal ramifications. Randall A. Wolff & Associates, Ltd has been handling workers’ compensation claims for over 30 years. Contact us for help with all your workers’ compensation issues.
