Time away from work because of an on-the-job injury may cause some employees to consider finding a new job. Injured employees may also hear back from companies to which they applied for work before their injury.
While a job change can be exciting, there are a lot of unknowns. For those who are receiving workers’ compensation benefits, they may have concerns about what will happen to those benefits after changing jobs.
This can be a very complex issue, which is why meeting with an attorney to discuss the situation can be important. Berry, Smith & Bartell has represented countless employees as they pursue benefits. We have a proven track record and there are no upfront fees for our services. There is also no requirement to hire our firm after meeting with us.
Neither your old employer nor its workers’ compensation insurer can strip away benefits simply because you changed jobs. However, your disability benefits might stop in certain situations.
For example, if you take a new job that pays you more money than you were earning before the injury, or the same amount you were earning before your injury, you would likely lose your eligibility for temporary or permanent disability.
It is very unlikely your medical benefits would stop, unless your injury completely heals, or heals to a point where you no longer need treatment. However, you must continue receiving treatment from the doctor selected by your previous employer or the doctor you predesignated. The workers’ compensation insurance company will only cover treatments that are reasonably required to cure or relieve your injury.
If you remain at your current job, your employer may be more likely to try to settle your case than if you left. If you are still an employee of the company, they may be concerned about future claims about the same injury, so they may want to resolve the situation. By leaving the job, you lose that bargaining chip.
It is important to obtain the maximum compensation for your injury, as it may be permanent and hurt your future earning capacity.
While these situations can be complicated enough, moving to another state could add another layer of complexity to things. Before you do this, you should strongly consider talking to an experienced Bakersfield workers’ compensation attorney. He or she can explain how to preserve your eligibility. For example, you will need to see a doctor approved by your employer. You will also need to notify your workers’ compensation insurance company. You need to give the new doctor your medical records so they can provide appropriate care.
If you accept a new job that exceeds your work restrictions, your benefits may stop. Why do you need benefits if you can once again do the work your injury prevented you from doing?
That is why it is important to discuss a new job offer with your treating physician. You want to be sure it is a job you can do, and it does not exceed your work restrictions. A mistake here could seriously jeopardize your claim.
At Berry, Smith & Bartell, we understand how an on-the-job injury can create a financial crisis for the injured employee. We are dedicated to building a strong case to help injured workers recover benefits and help them during this difficult time.
The sooner you contact us, the sooner we can determine if you may have a case and how we may be able to help you. There are no upfront fees or obligations, which means you do not risk anything by talking to us.
