Can I Quit My Job While on Workers’ Comp in Illinois?

Navigating workers’ compensation can be challenging, especially if you’re considering quitting your job while receiving benefits. According to labor statistics, there were over 2.6 million nonfatal workplace injuries reported in 2021 alone. [1]

Many workers injured on the job are uncertain about their rights and obligations regarding maintaining employment while recovering. A common question is whether quitting your job while receiving workers’ compensation will impact your benefits and, if so, how.

This article will guide you through the potential effects of leaving your job while receiving workers’ compensation. It will also address how quitting may impact your benefits, what factors you should consider before making this decision, and why consulting an experienced Chicago, Illinois workers’ compensation attorney is crucial to protecting your rights.

Understanding the Impact of Quitting on Workers’ Comp

Workers’ compensation is a system designed to support work-related injuries, often regardless of employment status. Still, quitting your job while receiving workers’ comp could impact certain benefits, especially those related to wage replacement.

The Right to Quit

Generally, you can quit your job anytime, even while receiving workers’ compensation benefits. However, quitting during this period can have a ripple effect on the benefits you receive.

Workers’ comp laws are intended to protect injured workers, ensuring they receive the medical care and financial assistance they need to recover from an on-the-job injury. Quitting your job doesn’t mean you lose all your benefits automatically, but it may complicate matters depending on the specific type of benefits you are receiving.

Potential Consequences on Benefits

While you can quit your job, doing so could impact your benefits. Workers’ comp benefits are divided into medical benefits, wage loss benefits (Temporary Disability), and permanent disability benefits. The effect of quitting depends mainly on which of these benefits you are receiving.

For example, quitting could jeopardize your wage loss benefits, which are calculated based on your inability to work due to injury.

On the other hand, medical benefits designed to treat your injury are typically unaffected by your employment status, as they are directly linked to your recovery from a work-related injury.

Impact on Specific Benefits

Let’s examine how quitting your job might affect various workers’ compensation benefits, from medical coverage to wage replacement.

Medical Benefits

Workers’ comp medical benefits should continue even if you quit your job. These benefits are meant to cover treatment related to your work injury, regardless of whether you remain employed. Medical expense benefits cover doctor visits, surgeries, physical therapy, prescriptions, and other healthcare costs necessary to help you recover from your injury.

Because these medical treatment benefits are based on your injury rather than your employment status, quitting your job should not stop you from receiving them.

However, complications could arise if your employer or their insurance company challenges whether your medical treatments are still necessary, which is why having legal guidance is crucial.

Temporary Total Disability (TTD) Benefits

Temporary Total Disability (TTD) benefits replace lost wages when you cannot do your job due to a work-related injury. Quitting your job can significantly impact these benefits because TTD is tied to your inability to earn wages due to your injury.

If you quit your current job for reasons unrelated to your injury, your employer or the insurance company might argue that you are no longer entitled to temporary disability benefits.

In some cases, your benefits may be terminated or reduced if the insurer believes your decision to quit reflects an ability to work or undermines the need for wage replacement. It’s important to carefully assess your situation and consult an experienced workers’ compensation attorney before making any decisions that could jeopardize these essential benefits.

Temporary Partial Disability (TPD) Benefits

Temporary Partial Disability (TPD) benefits are paid when you return to work but earn less due to your injury. For example, if you can work part-time or take on a lighter-duty role at a lower wage, TPD compensates for part of the wage loss.

Quitting your job can affect TPD benefits because they are based on your actual earnings. If you voluntarily leave your position, your employer or the insurance company may argue that you are no longer entitled to wage replacement since your loss of income is no longer due to your workplace injury.

Permanent Disability Benefits

Permanent disability benefits, such as Permanent Partial Disability (PPD) or Permanent Total Disability (PTD), compensate workers for long-term or permanent impairments resulting from their injury. In most cases, quitting your job does not affect your entitlement to these benefits because they are based on your injury’s long-term effects rather than your employment status.

However, reaching “maximum medical improvement” (MMI) before quitting is crucial. This limit means your injury has stabilized, and further recovery is unlikely.

At this point, your wage benefits, including those related to permanent partial disability, would be assessed based on your medical condition rather than your job status. Quitting before MMI could lead to disputes about your ability to work and the extent of your disability.

Factors to Consider Before Quitting

Before you decide to quit your job while on workers’ comp, it’s important to consider several key factors that could influence your decision and the impact on your workers’ comp benefits. These include your recovery stage, injury severity, and how quitting might impact your eligibility for wage loss or disability benefits.

Your reason for quitting, whether related or unrelated to your injury, can significantly influence your benefits. Understanding your state’s specific workers’ comp laws is also crucial, as these regulations may vary and affect your decision differently depending on where you live.

Severity of Your Injury & Recovery Progress

The severity of your injury and recovery stage will determine whether quitting is a wise decision. If your injury is severe and you are still recovering, quitting could negatively impact your benefits, particularly wage replacement benefits like TTD.

Reason for Quitting

Your reason for quitting can also play a role in whether your benefits are affected. If you’re quitting for reasons unrelated to your workplace injury—such as taking a new job, moving, or personal dissatisfaction—your workers’ compensation may be at risk, especially wage replacement benefits.

On the other hand, if your decision to quit is directly related to your injury—such as your employer not accommodating your medical restrictions or providing a hostile work environment due to your injury—it may be easier to argue that your compensation benefits should continue.

Availability of Suitable Alternative Employment

Your ability to find and perform other work is another crucial factor. Finding a job or performing another work that accommodates your injury-related restrictions could affect your entitlement to wage loss benefits like TPD or TTD.

If you quit your job without securing alternative employment, the insurance company might argue that your loss of wages is voluntary, and you are no longer eligible for some aspects of workers’ compensation.

State-Specific Laws & Regulations

Workers’ compensation claim laws vary by state, and the rules surrounding quitting while receiving benefits can differ significantly. In some states, quitting your job might have little impact on your medical cost benefits but could severely reduce or eliminate wage replacement or unemployment benefits.

Understanding your state’s specific workers’ compensation laws is crucial before making any decisions. To protect your rights, consult a workers’ compensation attorney familiar with your state’s regulations.

Seeking Legal Advice for Workers’ Compensation Benefits

If you are considering quitting your job while on workers’ compensation, you need to seek legal advice to understand the potential consequences, protect your rights, and ensure you don’t unintentionally jeopardize your benefits.

An experienced attorney can guide you through the process, explain the workers’ compensation system clearly, and clarify how quitting might impact various aspects of your claim, from wage loss benefits to ongoing medical coverage, helping you make informed decisions.

Consulting with a Workers’ Compensation Attorney

An experienced workers’ compensation lawyer can provide valuable guidance, helping you navigate the complexities of workers’ compensation law. They can review your situation, explain how quitting may affect your benefits, and advise whether you are likely to receive workers’ comp benefits.

A workers’ compensation lawyer can help you make informed decisions and protect your rights, whether you’re worried about losing wage replacement benefits, medical care coverage, or permanent disability compensation.

Protecting Your Rights and Benefits

In many cases, insurance companies may challenge your workers’ compensation claim if you quit your job, arguing that you no longer qualify for wage replacement or other benefits.

A skilled attorney can advocate for you, ensuring you receive the full compensation you are entitled to under the law. They can also help you gather evidence, navigate disputes with insurance companies, and represent your interests in any hearings or negotiations.

Contact an Attorney for Your Workers’ Comp Claim

If you’re considering quitting your job while on workers’ compensation, don’t make this decision without understanding its full impact on your medical expense benefits, wage replacement, and long-term disability compensation. Consult an experienced Chicago workers’ compensation lawyer from our team to make the best decision for your health, financial stability, and future.

Rosenfeld Injury Lawyers offers a free consultation to discuss your situation and help you understand your rights. Our dedicated team will provide personalized legal advice, ensuring you receive the worker’s compensation benefits you deserve, even if you decide to leave your job.

Call us today at (888) 424-5757 or complete our contact form.

References: [1] BLS

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.