Many workers who are out of work due to a workplace injury may consider taking on another job.\u00a0 Employees may consider this because they have concerns their old job won\u2019t be waiting for them when they return. The time off from work due to injuries may get workers thinking about changing careers or choosing the same type of work – but in a close geographical location, a job with more pay, a job with more opportunities, or just because a different job may be more satisfying.<\/p>\n
As I write this, the current job market is booming. There are more jobs available than there are workers to fill them. Wages are rising.<\/p>\n
This makes things especially difficult because if you are off and receiving your workers compensation weekly benefits, those are 1\/3rd less than your typical salary. So you are already having to make do with less.<\/p>\n
The best course of action with this type of decision is to review your case with an experienced North Carolina or Virginia workers\u2019 compensation<\/a> lawyer \u2013 depending on where you live. There are numerous questions to consider such as:<\/p>\n Will your former employer\u2019s insurance company still be required to pay your medical bills<\/strong> \u2013 whether you\u2019re still trying to improve your health or whether your health has stabilized and you just want to make sure it doesn\u2019t get worse?<\/p>\n Generally, the employer\u2019s insurance company would be required to continue to pay your medical bills as long as you have an accepted claim in North Carolina or are under an Award for benefits in Virginia. If you\u2019re receiving care or you need to continue treatments with a therapist to ensure your condition doesn\u2019t get worse, that should not stop. Whether you shift jobs or not, your right to seek medical benefits to improve your health will stop if you\u2019re injuries fully heal.<\/p>\n Will your former employer\u2019s insurance company still be required to pay part of your lost wages<\/strong> if the new job doesn\u2019t work out or if the job pays less than your prior job did but is a better job for other reasons \u2013 such as closeness to home.<\/p>\n Part of the answer depends on how much the new job pays and also why you ultimately leave that job or are let go. If the new job pays more than your prior job, then the employer\u2019s insurance company will have the right to terminate your temporary wage benefits. If the new job pays less than your old job, then an adjustment will likely be made to help make up 2\/3rds of the difference. That is called temporary partial disability.<\/p>\n For example, if your old job which paid $900 a week is no longer available and your new job pays $750 a week, you\u2019d be losing $150. \u00a0If you are under an existing Award or accepted claim, the employer\u2019s insurance company would be required to pay 2\/3rds of the $150 shortfall, or $100\/per week.<\/p>\n If you have reached MMI, your right to benefits depends on whether you have a qualifying permanent disability in your injured body part(s). \u00a0Many workers who lose a hand, their vision, or suffer other serious injuries are entitled to permanent partial disability benefits<\/a>, even after their return to work. These benefits are statutory benefits that award you a portion of your lost wages (generally 2\/3rds) for a specific number of weeks \u2013 depending on what type of disability you have and the severity (impairment rating<\/a>) of the permanent disability.<\/p>\n Some workers can work with a permanent disability \u2013 but often at a job that pays less than their old job. So, if you switch jobs before your case closes, you may be able to continue to claim 2\/3rds of the difference between what your old job paid and what your new job is paying. Using the example (2\/3 of $150 = $100 \u2013 for up to 500 weeks. Note though, that in no case, even with the added impairment rating weeks, can the total exceed 500 weeks, unless you were to meet the conditions for permanent and total disability. That would be highly unlikely if you\u2019ve returned to work.<\/p>\n If this all sounds confusing, then again, the best course of action is to call our skilled worker\u2019s compensation lawyer.<\/p>\n Before you accept any new job offer, you will need to review with your physician whether you are physically able to do the new job. Get a detailed, physical job description. There\u2019s no point in accepting a new job and risking your benefits \u2013 if you can\u2019t do the new job.<\/p>\n There are a few factors to consider. As a general rule, you should NEVER quit your job<\/a> while you have a pending worker\u2019s compensation case. The consequences could basically spell the end of any significant settlement value for your claim. If you do change jobs, your former employer may (or may not) try to contest your right to benefits and there are many considerations to decide if it is something you should consider. A lot depends on whether your current work restrictions continue to prevent you from returning to your pre-injury employment.<\/p>\n Generally, once you start your new job, there is no do-over. If the job is within your restrictions and you are unable to do it, you will not get to return to your compensation checks, unless your work restrictions change.<\/p>\n Generally, employees must choose medical providers who are on a list that is preapproved by your employers. Employers normally select doctors, specialists, and therapists who work in the same state. Moving to a new state likely means that you won\u2019t be able to treat with these providers due to the long distances. If your claim is under Virginia Workers Compensation law, this will require asking for another panel or panels of doctors in the state to which you are moving.<\/p>\n Our skilled workers\u2019 compensation will explain if you need to seek approval to switch healthcare providers if you move to a different state \u2013 and what other options might be available. There may be practical issues involved with having your new medical bill providers paid through the North Carolina or Virginia state workers\u2019 compensation offices. Sometimes it can be difficult to find providers willing to accept the workers compensation insurance.<\/p>\n At Joe Miller Law Ltd., we have been fighting for workers who are injured at work or become ill at work \u2013 for more than 30 years. We\u2019ve helped thousands of employees obtain just workers\u2019 compensation recoveries. To review your right to start a different job or any other workers\u2019 compensation claim \u2013 starting with your right to benefits, call attorney Joe Miller, Esq., at 888-667-8295<\/a>. or use my online contact form<\/a>. to make an appointment.<\/p>\n Employees in North Carolina and Virginia who have a workers\u2019 compensation claim can contact us through our New Electronic Case Review<\/a>. This link is being used by us during the pandemic so that workers can communicate with us remotely.<\/p>\n","protected":false},"excerpt":{"rendered":" Many workers who are out of work due to a workplace injury may consider taking on another job.\u00a0 Employees may consider this because they have concerns their old job won\u2019t be waiting for them when they return. The time off from work due to injuries may get workers thinking about changing careers or choosing the … <\/p>\nCan you perform the new job?<\/h3>\n
What other considerations help determine whether an employee should switch jobs while a workers\u2019 compensation case is still open?<\/h3>\n
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What happens if your new job is in a different state?<\/h3>\n