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Workers who are receiving workers’ compensation benefits can’t be admonished for changing jobs while they recover or when they’ve returned to work. An employee may need to look for something less engaging or safer following an accident. Additionally, his or her ability to work in the previous environment may have changed.
Changing Jobs While Receiving Workers’ Compensation Benefits
There is nothing that stops injured employees who are receiving benefits from changing jobs. This change can affect the benefits that they will get, however. Taking a new job can lead to a decrease in benefits, particularly if the employee earns more income from a new job.
If an employee leaves the workplace where he or she was injured, the benefits he or she is eligible for in a final settlement of the claim may be affected. A workers’ compensation lawyer can help an injured worker looking for a new job while collecting benefits understand all factors at play and make an informed decision.
Effects of a Job Change on Medical Benefits
As an injured worker considers a job change, he or she should focus on ensuring his or her workers’ compensation medical benefits are intact. Having a rehabilitation program key to an injured worker’s recovery terminated because he or she changed employers can be stressful for him or her. Fortunately, there are low chances that a job change will lead to the termination of medical benefits.
Whether an employee leaves voluntarily or is sacked for justifiable reasons, he or she will still be eligible for medical benefits provided he or she has a work injury that requires treatment. The employee must also be examined by a workers’ compensation doctor once a year, at the minimum. An injured worker should keep in mind that it’s the employer’s insurer that pays for his or her medical treatments, not the employer.
Even if the injured worker switches employers, the insurance provider will still continue covering expenses associated with justifiable and essential medical care. The injured worker will continue receiving workers’ compensation benefits even if he or she is no longer working for the same company.
Moving on After a Permanent Work-Related Injury
An employee who has suffered a disabling workplace injury can pursue vocational assistance as part of his or her workers’ compensation claim. Based on the type of disability, he or she may be eligible for one or all of the below services:
- Vocational counseling
- Formal retraining
- Job-seeking assistance and placement
- Transferable skills analysis
Does Starting a New Job in Another State Affect Workers’ Compensation?
Although each state has its own workers’ compensation laws, starting new employment in another state doesn’t automatically lead to the transfer of a claim. The law that takes effect is the law at the time of the workplace accident. If an employee is injured in Nevada and he or she has a Nevadan workers’ compensation claim, relocating to Texas doesn’t result in the application of Texas laws. Jurisdiction will remain in Nevada. Claims would be settled in Nevada, and Nevada’s laws would take effect.
The problem arises when injured employees with additional medical problems relocate from states that offer low compensation rates to those that offer high compensation rates. The outcome is that it’s hard for injured persons to get an out-of-state doctor ready to take low workers’ compensation fees.
Workplace Injury and Divorce
A work-related injury can have severe repercussions on an employee’s life. The consequences can be so serious that the injury places additional stress on the marriage. A family law attorney can empower an injured worker in such a situation with the knowledge to make an informed decision and determine which method is ideal for his or her desired outcome.