During workers’ comp cases, many people wonder about what happens if you quit your job while on workers’ comp in North Carolina. A Lexington workers’ compensation lawyer can help provide the right answers. If you are going through a workers’ compensation-related issue, do not feel like you have to handle it alone. Engage the help of a qualified workers’ compensation attorney.
North Carolina Workers’ Compensation
North Carolina workers’ compensation can be broken down into two main parts:
- Disability benefits. Disability benefits typically replace about two-thirds of your average weekly wages while you cannot work. These benefits typically start once you have missed seven days of work. They can be paid out for up to 500 weeks and for even longer in certain situations. This system is designed to replace your lost income while you are temporarily unable to work.
- Medical benefits. Medical benefits cover all medical costs and expenses related to the injury or illness that occurred at work. These costs can include ambulance rides, surgery, hospitalization, rehab, and counseling. Other costs could include medical exams, procedures, prescriptions, and follow-up appointments with the doctor.
Four Types of Disability Benefits
There are four different types of disability benefits offered to those who need them. These include:
- Temporary total disability.
- Temporary partial disability. Temporary disability benefits cease once the employee is able to resume his or her regular work.
- Permanent partial disability. Permanent disability benefits are awarded to employees who are not expected to return to any form of regular employment.
- Permanent total disability.
Deciding to Quit
If you are on temporary disability benefits and you decide to quit your job, it is likely that your employer will fight to have the disability benefits cease. Under North Carolina state law, temporary disability benefits are paid out based on the medical diagnosis of the injury or illness and the employee’s ability to recover and return to work. If you are not returning to work, then the employer has an agreement to stop paying you benefits.
If you are on permanent disability benefits and you decide to quit, you will still be entitled to disability payments. No matter which type of workers’ compensation you receive, if you decide to quit your job, it is very likely that your employer will fight to discontinue any workers’ compensation benefits that you are receiving. It would be ideal to prepare for this by seeking the help of a qualified worker’s compensation attorney who can review your case and provide sound advice.
Consult With a Workers’ Comp Attorney
It is strongly recommended that you engage the help of a North Carolina workers’ compensation attorney before you make any decisions regarding your employment. There are instances where a change in employment could be the right solution for you. In an ideal scenario, you would have received the full amount of workers’ compensation available to you and medically recovered from your injury before quitting. This would allow you to quit your job without any worry of having your benefits halted.
FAQs
Q: Does My Employer Have to Hold My Job While on Workers’ Comp in North Carolina?
A: Your employer does not have to hold your job while you are on workers’ comp in North Carolina. Under North Carolina state law, employers are not required to keep an injured worker’s job open until they are able to return to work. Returning to work after an injury can be a difficult situation for both you and the employer, and there is no guarantee that you will retain your position. It is a good idea to consult with a workers’ compensation attorney.
Q: Can You Be Terminated While on Workers’ Comp in North Carolina?
A: It is possible that you could be terminated while on workers’ comp in North Carolina. If you are accused of gross misconduct or an employer has cause to fire you, it is legal for them to do so even if you are on workers’ comp. This could happen if an employer were to find evidence that the employee was not performing their duties correctly or that the employee was partaking in activities that warrant a firing.
Q: What Is Resignation as Part of a Settlement?
A: Resignation as part of a settlement is when a worker voluntarily resigns with a compromise and release agreement. This means that the employee gives up their right to make any workers’ comp claims against their employer in the future. In return, the employee receives a payment for injuries and other damages incurred. It is always a wise idea to consult with an experienced workers’ compensation attorney before agreeing or signing anything. It is important to have your case reviewed and to get the proper legal advice you need.
Q: How Does Workers’ Comp Work in North Carolina?
A: Workers’ comp in North Carolina is no-fault liability insurance that is provided for the employee by the employer. In exchange for protection against economic losses from work-related injuries or illnesses, employees often give up their rights to sue the employer for injuries. The North Carolina Workers’ Compensation Act requires that all businesses with three or more employees provide some form of workers’ compensation benefits to all of their employees. There are certain exceptions to this rule, but they are fairly uncommon.
A Law Firm on Your Side
Workers’ compensation can be confusing to understand without the help of a qualified workers’ compensation attorney. The state laws in North Carolina can be complex, and it takes an experienced attorney with the acumen necessary to successfully help with a case. With the involvement of insurance companies and employers, the process can feel overwhelming at times.
At M. Reid Acree, Jr., Attorney at Law, our legal team is ready and able to handle all cases related to workers’ compensation claims. Our attorney is a North Carolina native and board-certified in workers’ compensation law, with over thirty years of legal litigation experience. Our legal team understands that each case should be treated with the dedication and compassion that it deserves. Contact our office today to see how we can assist you through this process.