Almost every employer in California is required to have workers’ comp insurance. This insurance covers injured or ill employees due to their job. Workers’ compensation pays for medical expenses and, in some cases, replacement income if the worker cannot return to work.
While workers’ compensation is vital protection for employees, there are some situations where it can be difficult to receive benefits. For example, if you quit or are fired, you may not be eligible for workers’ compensation.
This article will discuss the rules for quitting or changing jobs while receiving workers’ compensation in California. We will also provide tips on protecting your rights and ensuring that you receive the benefits you are entitled to.
What is Workers’ Compensation?
Workers’ compensation is a system of benefits in the United States that provides financial assistance and medical care to employees who are injured or become ill due to their job. The employer usually pays workers’ compensation through workers’ comp insurance.
In most states, including California, workers’ compensation is mandatory. This means that almost all employers are required to have workers’ compensation insurance.
Workers’ compensation pays for medical expenses and, in some cases, replacement income if the worker cannot return to work. In California, workers’ compensation benefits are typically paid for up to two years.
What are your Rights When Receiving Workers’ Compensation?
If you are injured at work or become ill due to your job, you have the right to file a claim for workers’ comp benefits. You should notify your employer immediately after the accident or illness occurs.
Your employer must provide information about how to file a claim and where to get medical treatment. You should receive this information within one day of your injury or illness.
If you have filed a claim for workers’ compensation benefits, your employer has the right to ask you for information about your injury or illness. Your employer also has the right to ask you to see a doctor for a workers’ compensation evaluation.
You have the right to choose your doctor for workers’ compensation purposes. However, your employer may require you to see a specific doctor for a second opinion.
You have the right to receive workers’ compensation benefits even if you quit your job. However, there are some exceptions to this rule.
Can you Quit your Job While Receiving Workers’ Compensation?
Generally speaking, you can quit your job while receiving workers’ compensation in California. However, some circumstances in which quitting your job may affect your ability to receive benefits.
For example, if you quit your job because of your injury or illness, the workers’ compensation insurance company may refuse to pay your benefits. This is because the insurance company may argue that you would have been able to keep working if you had not quit.
If you are considering quitting your job while receiving workers’ compensation, you should speak to an attorney or workers’ compensation specialist first. They can help you understand the risks and ensure you are still eligible for benefits.
Can you Change Jobs While Receiving Workers’ Compensation?
Yes, you can change jobs while receiving workers’ compensation in California. However, there are some things you should keep in mind before you do so.
First, you should tell your new employer you are receiving workers’ comp benefits. This is because your new employer will need to provide you with information about how to file a claim and where to get medical treatment.
Second, you should ensure that your new job does not involve any physical activity that could aggravate your injury or illness. If it does If your new job does involve physical activity that could irritate your injury or illness, you should speak to your doctor to see if it is safe for you to do so. You may need to get a modified duty note from your doctor before starting your new job.
Can You Receive Workers’ Compensation if You Were Fired?
Generally speaking, you can still receive workers’ compensation benefits if you are fired. However, there are some circumstances where the workers’ comp insurance company may refuse to pay your benefits.
For example, suppose you were fired for cause (meaning that you did something that led to your firing). In that case, the workers’ compensation insurance company may argue that your firing was unrelated to your injury or illness.
If you were fired, you should speak to an attorney or workers’ compensation specialist to find out if you are still eligible for benefits.
Based on the information gathered, it appears that you can quit or change your job while receiving workers’ compensation in California. However, it is always best to consult an attorney to get the most accurate and up-to-date information. If you have any questions or need assistance, please get in touch with us at San Gabriel Valley Workers’ Compensation Attorneys (626)-602-9483.