Workplace injuries can lead to long-lasting physical and financial burdens. For some employees, the injuries are so severe that continuing work becomes impossible, forcing them to resign. Quitting due to an injury can create significant challenges, especially regarding lost income and potential compensation.
Swartz Swidler, an experienced employment law firm, has helped many clients who were forced to leave their jobs due to injury. This guide will explore how Swartz Swidler can support you in seeking the compensation you deserve after a job-ending injury.
Reasons Employees Quit Due to Workplace Injuries
Severe or Permanent Injuries
Injuries like chronic back pain, nerve damage, or severe fractures may prevent an employee from performing essential job functions. If the injury requires extensive recovery or permanently restricts physical activity, continuing work may not be possible.
Inadequate Accommodations
If an employer fails to provide reasonable accommodations, it can make it impossible for injured employees to continue working. For instance, if a job requires lifting, and an employee’s back injury prevents them from doing so, accommodations such as modified duties or equipment may be needed. Without these, quitting may be the only option.
Toxic Work Environment or Retaliation
Sometimes, injured employees face a hostile work environment or retaliation after reporting their injury or requesting accommodations. Employers may make employees uncomfortable, overlook their accommodation requests, or even threaten job security, prompting employees to resign.
Medical Advice to Stop Working
In cases where doctors advise against returning to work, quitting may be necessary for an employee’s health. Medical professionals may provide specific work restrictions that an employer cannot meet, leaving employees little choice but to resign.
Legal Options for Compensation When Quitting Due to Injury
Workers’ Compensation Benefits
Workers’ compensation covers medical expenses, lost wages, and rehabilitation costs for workplace injuries. In many cases, quitting due to injury does not disqualify employees from workers’ comp benefits, especially if they can prove the injury was work-related.
Disability Benefits
- Temporary and Permanent Disability: Temporary benefits provide support during recovery, while permanent benefits offer compensation for long-term disabilities.
- Process of Applying: Applying for disability benefits involves submitting medical records and documentation of the injury’s impact on employment. An attorney can help organize this process for you.
Personal Injury Claims Against Employers
If an injury results from employer negligence, you may be eligible to file a personal injury claim. This type of claim can cover additional damages, including medical bills, lost wages, and pain and suffering.
Claims for Retaliation or Wrongful Termination
If your employer retaliates against you for reporting an injury or requesting workers’ compensation, you may be able to file a retaliation claim. In some cases, where employees are pressured to resign, wrongful termination claims may also be appropriate.
Steps to Take if You’re Considering Quitting Due to Injury
1. Document the Injury and Workplace Conditions
- Medical Records and Diagnosis: Obtain detailed medical records and diagnoses from healthcare providers to demonstrate the injury’s severity.
- Workplace Correspondence: Save all communication with supervisors or HR about the injury, accommodation requests, and work conditions. This documentation will help support your claim.
2. Consult a Doctor for Medical Advice
- Importance of Medical Recommendations: Before resigning, consult your doctor to get a clear medical recommendation about your ability to work. Written documentation of work restrictions or limitations will strengthen your case.
- Documenting Work Restrictions: Request a doctor’s note that specifies any work-related limitations or physical restrictions due to the injury.
3. Consult with an Employment Attorney
- Why Legal Guidance Matters: Working with an attorney can ensure that you don’t inadvertently waive any rights when quitting and that you pursue all available compensation options.
- How Swartz Swidler Can Help: Swartz Swidler’s attorneys specialize in workplace injury cases and can guide you through the process of securing workers’ compensation, disability benefits, or other claims.
Potential Compensation Available for Employees Who Quit Due to Injury
Workers’ Compensation Benefits
If you qualify, workers’ compensation may cover your medical costs, a portion of your lost wages, and rehabilitation expenses, even after resigning due to injury.
Disability Benefits
Temporary or permanent disability benefits may provide financial support if your injury prevents you from working for a significant period or permanently.
Lost Wages and Future Earnings
You may be entitled to recover lost wages and compensation for future earnings if your injury impacts your long-term ability to work.
Pain and Suffering
In cases of employer negligence, you may seek compensation for pain and suffering as part of a personal injury claim, especially if the injury has caused physical or emotional hardship.
Attorney’s Fees
In some cases, attorney’s fees are covered, helping reduce the financial burden of pursuing a claim and allowing you to seek justice without overwhelming costs.
Common Challenges When Seeking Compensation After Quitting Due to Injury
Proving the Injury’s Impact on Employment
You will need strong documentation, including medical records and evidence of workplace conditions, to show that the injury directly impacted your job and made it impossible to continue working.
Eligibility for Workers’ Compensation After Resigning
In many cases, workers’ compensation remains available after resignation, but it’s critical to prove that the decision to quit was directly related to your injury.
Employer Retaliation or Pushback
Some employers may contest claims or retaliate, adding stress to an already challenging process. Swartz Swidler can help protect you from these actions, ensuring your rights remain secure.
Time Sensitivity and Filing Deadlines
Filing deadlines for workers’ compensation and disability claims vary, so acting promptly is essential to ensure your claim is accepted and to avoid missing critical deadlines.
Why Choose Swartz Swidler for Your Workplace Injury Compensation Case
Experienced in Workplace Injury and Employment Law
Swartz Swidler brings extensive experience in handling cases where injuries force employees to quit. Their knowledge and strategic approach help clients understand their options and rights in pursuing compensation.
Personalized Client Support
The firm’s team understands that each case is unique, offering personalized and empathetic support throughout the process.
Proven Track Record of Success
Swartz Swidler has a solid history of achieving favorable outcomes for injured employees, making the firm a trusted choice for those seeking justice and fair compensation.
Taking the Next Step: Contact Swartz Swidler Today
If you’ve had to quit your job due to a workplace injury, Swartz Swidler is here to help. Contact us for a confidential consultation to discuss your options and begin the journey toward securing the compensation you deserve. Our team is dedicated to advocating for employees and guiding them through complex legal processes with care and expertise. Reach out to Swartz Swidler today to learn more about your rights and compensation options.
