BAD WORK ENVIROMENT!

[chriswhovian]

My case has been taken and I am receiving weekly payments from the carrier. I am currently out of work on doctors leave.I have a lumbar strain and bad disk, with disk disease on multiple levels. I am waiting on approval for pain mngt. My Att. is great. However my work is making it a bad enviroment with rumors and such.I can have my lawyer say something to H.R. but that would stir up a big mess. Since Im in a right to work state, can I just quit without it harming my case,since i am already taken by a carrier?

[backache]

Hi Chriswhovian. I moved this over to the other section the injured worker forum also so you can get answers from both places I hope that was OK.

[Still in Limbo]

In Most States, if You Quit Your Job while on w/c, they will Close Your Case. Start a log of the Harassment, Dates, Times, Whom is Bothering You, and after a Couple of Weeks, give it to Your Attorney, and see what they have to Say. And By No Means let them talk You into doing Something Over Your Restrictions, that could Damage Your Case also! Best of Luck, and I Hope they Stop this Soon!!

[ace25]

I am a little confused. If you are out of work currently, what is your employer actually doing to create a "bad environment"? And what would your quitting actually change, if you are not there anyway?

With all due respect to the previous poster, I do not know of a single state where the employer or IC can arbitrarily close a case simply because someone quits their job. Any claim that has been filed and is in process will proceed regardless of your employment status. This is particularly true of medical only claims, but generally is true when you are on a lost time claim as well. If your doctor returns you to a work status, your benefits will cease, whether you work for them or not. What does your attorney tell you?

[capricorn]

Chris>>>I have the same question. Ho wis it a bad environemnt if you're not working.

Ace..... I ahve to agree with Limbo. IF you quit you are saying you have no intention of returning to work and that is not what WC is all about. Your employer can terminate you BUT it is different if the IW quits.


CAP

[Still in Limbo]

Ace, I just Spent 2 Years in Court fighting 12 Petitions, and My Attorney and I Won 11 1/2 Out of 12 of them!! If You Quit Your Job while under w/c, the Medical MAY Continue, but I Guarantee You the Monetary Payments will Stop!! And that depends on the State!! I believe before You Pass Judgment, You should Research!!!

[kate]

Actually, Ace is correct. If you are on total "no work" status, benefits continue regardless of your current employment situation. When you are released back to any type of work, then they stop. The insurance carrier may stop the benefits if there is a conflict where one doctor says work and another says no work and then you have to fight them but if there is no doubt that the employee is on a no work status, benefits continue.

[sparkey]

I just know that I was put on light duty for 2 weeks and I could not take the long drive to only work 4 hours a day, 5 days a week, so I gave my notice. WC was paying the difference in my paycheck weekly because of my loss hours, but I also was put at MMI right after I told the doctor I gave my notice and starting a new job. I was then put at Permanent impairment and continued to have my doctors appts. etc. , medications, and all medical paid for with my new job.

I think that if Chris was upset with his/her job and was able to go back to work on light duty and decided to take another job within his/her restrictions then the benefits/coverage would still continue. Alot of times employers do not want the patient back working at their company after a injury, but are pretty much forced to go back to work doing light duty so that the employer does not have to pay them being out after. This is just by what I experienced. Others may have different situations.

[ace25]

Kate is correct. If an employee is receiving TTD benefits they will continue even if he quits (his disability prevents him from working anywhere, presumably, so the employer obligation is not removed). The moment the doctor releases him he had better have a job lined up, because that is when the benefits will stop.

She is also correct that conflicting opinions can throw a monkey wrench at things, but that has nothing to do with the specific question posed.

Still, I was not passing judgement. Merely correcting bad information. Even in your case, if someone tried something unethical, the court decisions in your favor appear to support what I am saying.

[Still in Limbo]

Here's My Take on this Situation, if You are on TTD, and not Rated at MMI, You still have the Possibility of Healing to some Point to be able to Return to Work, You are not Totally Disabled. That being the Case, if You do Heal enough to Work Light Duty, Your Employer, the Same as You, has to be willing to Participate in the "Interactive Process" of Returning to Work. The Employer is to try and Accommodate Your Restrictions, and if they do, You are to at least try the Job. If You Quit Your Job before this Happens, You are telling the Employer and the w/c System that no matter How You Heal, You are not Returning to Work with this Employer, therefore not willing to Participating in the "Interactive Process". The Moneys You are getting Paid is from that Employers Ins. Co., and they have the Right to Stop the Monetary Payment Portion of Your Claim because You have Stated that You are not Returning to that Employer. If on the other Hand the Employer Terminates You, You did not Violate any Regulations, therefore You continue to get Paid. If this does not seem to be Correct, Please check with Your Attorneys and See if I'm Incorrect.