If you suffered a work injury, it’s understandable that you might not feel the same way about continuing with your job. However, if you decide to quit, will you still be eligible to receive workers compensation benefits? More importantly, what does the law in Hyannis, MA, say about workers compensation after an injury?
The good news is that obtaining compensation for your injury depends on if you were injured at work and not whether you are still working for the same employer. However, filing a workers compensation claim after quitting your job makes the matter a little more complicated.
The Rules
Most states, including Massachusetts, require that employers carry some form of workers compensation insurance to cover employees’ work-related injuries. You are entitled to workers compensation if you can prove that your injuries were work related.
If you were employed at the time of your accident, you are entitled to workers compensation benefits even if you quit your job later. You, however, will not be eligible for unemployment benefits. The insurance company might view your claim as an attempt to collect a weekly paycheck without finding a new job. It shouldn’t come as a surprise when the insurance company denies your claim.
This, however, does not mean that you cannot recover workers compensation benefits. If you are able to prove that your injury happened at work before you quit, then there’s a high possibility you might be compensated. If there is any footage, or evidence that you went to the doctor to seek treatment right after the accident, the stronger your claim will be.
One very important factor that you need to consider is whether you gave notice to your boss about your injury prior to quitting your job. There is a strict time limit for notifying your employer of a workers complaint claim and if you do not notify them within this timeframe, your claim might be denied. You do not need to file the notice as a formal report. If you verbally told them or one of your colleagues witnessed the accident and told your boss, that will still be considered as a notice.
How Much Will You be Entitled in Your Claim?
There are different types of workers compensation benefits and quitting your job may affect how much you are entitled to. Workers’ compensation insurance covers:
- Compensation for permanent injuries
- Medical care for injuries or illnesses
- Replacement income
- Costs for retraining
- Benefits to survivors of workers who are killed on the job.
Wage replacement starts after you’ve missed a few days of work but you may not be eligible for wage replacement. This is because it might not be possible to prove lost wages since you voluntarily quit your job and forwent those wages. You might also not be eligible for costs for retraining since you won’t be going back to work for the same company.
The laws regulating workers compensation insurance can be very complicated. This is why it is very important that you file a claim report with your employer as soon as possible. If your claim is denied because you quit your job, you will need to hire a Hyannis workers compensation lawyer to protect your rights.
How to Find the Right Hyannis Workers Compensation Lawyer
Choosing the right workers compensation lawyer in Hyannis, MA, can have a major impact on your ability to obtain workers compensation benefits. To find a good lawyer you may want to:
- Get recommendations from other lawyers. If you know someone who works as a lawyer even if they do not deal with workers compensation issues, they might be able to refer you to someone who does. You can also talk to your family or friends to see if they know a good lawyer who can help you.
- Call your local bar association. The lawyers might refer you to a lawyer who can work on your case or may be able to provide you with a list of lawyers.
Once you’ve compiled a list of attorneys, try to find out how much experience they have dealing with workers compensation cases, how many cases they are currently working on and if they have ever handled cases similar to yours.
At Kevin P Landry Law Offices, we offer free consultation to all our prospective clients. This will give you a chance to explain your situation and get an honest assessment from us of the merits of your case. Contact us today at 508-775-1660 for your free initial consultation.
