Navigating a workers’ compensation claim can be challenging, especially if you’re considering switching jobs while your case is still active. Whether you’re leaving for better opportunities, relocating, or simply needing a change, it’s important to understand how a job change can impact your workers’ compensation benefits.
In this blog post, we’ll explore what happens if you need to switch jobs during your workers’ compensation case, how it can affect your benefits, and what steps you should take to protect your rights.
Can I Change Jobs During a Workers’ Compensation Case?
Yes, it is possible to switch jobs while your workers’ compensation case is still active. However, before making any decisions, you need to be fully aware of how this change might impact your benefits, particularly if you are still receiving medical treatment, wage loss payments, or are under work restrictions.
While a new job may bring you personal and professional benefits, it’s crucial to make informed decisions regarding your workers’ compensation claim to ensure that you don’t inadvertently lose the benefits you’re entitled to.
How Does Changing Jobs Impact Workers’ Compensation Benefits?
There are several factors to consider when switching jobs during an active workers’ compensation case. Let’s break down the potential impacts on different aspects of your claim:
1. Medical Benefits
Your medical benefits under workers’ compensation are designed to cover the cost of treatment related to your work injury. This includes doctor’s visits, therapy, surgeries, prescriptions, and any other medical care required for recovery. If you switch jobs, your medical benefits should remain unaffected as long as your workers’ compensation claim remains open and valid.
However, it’s important to note that workers’ compensation insurance typically remains tied to your previous employer. Even if you switch jobs, the insurance company handling your claim is obligated to continue covering your medical treatment until you have reached maximum medical improvement (MMI). This means your treatment should not be interrupted by your job change.
2. Lost Wage Compensation
Lost wage compensation (also known as temporary disability benefits) is designed to replace a portion of your wages while you are unable to work due to your injury. These payments are typically calculated based on your pre-injury earnings and the extent of your disability.
If you switch jobs while receiving lost wage compensation, you may no longer be eligible for those payments if you return to work in a full-time capacity at the new job. The amount of compensation you receive may also change depending on the new position’s salary. If the new job pays less than what you were earning before your injury, you may still be eligible for partial wage loss benefits.
For example:
- If you are working at a lower-paying job due to restrictions: You may be entitled to partial disability benefits to make up the difference in lost wages.
- If your new job is at the same or higher pay rate: Your wage loss benefits will likely end since you are no longer losing income due to your injury.
It’s also crucial to inform your workers’ compensation insurance company and lawyer (if you have one) about your new job, as they will need to reassess your benefits in light of your changed employment situation.
3. Work Restrictions and Accommodations
If your work injury has resulted in permanent or temporary work restrictions (such as limits on lifting, standing, or using machinery), your current employer is generally required to accommodate these restrictions. When switching jobs, you need to ensure that your new employer is willing and able to accommodate any ongoing limitations related to your injury.
Failing to adhere to your work restrictions at the new job could jeopardize your health, your recovery process, and your workers’ compensation benefits. Before accepting a new position, communicate clearly with the prospective employer about any limitations and ensure they can meet the necessary accommodations.
4. Vocational Rehabilitation
Some workers’ compensation cases include vocational rehabilitation services, which are designed to help injured workers retrain for new jobs if they are unable to return to their previous roles. If you’re already enrolled in a vocational rehabilitation program and decide to switch jobs, it may complicate the process.
While you are still entitled to vocational rehabilitation benefits even if you switch jobs, your workers’ compensation insurance carrier may reassess whether those services are necessary based on your new employment. Make sure you consult with your claims adjuster or attorney to avoid disrupting your rehabilitation plan.
What Should You Do Before Switching Jobs?
If you’re planning to switch jobs during your workers’ compensation case, there are several steps you should take to protect your benefits and ensure a smooth transition.
1. Consult With Your Workers’ Compensation Attorney
If you have an attorney handling your workers’ compensation claim, it’s essential to consult with them before making any job changes. They can advise you on how switching jobs will impact your benefits and help you navigate any legal complexities. If you don’t have an attorney, consider hiring one if your situation involves significant compensation or complex medical issues.
2. Notify Your Workers’ Compensation Insurance Carrier
It’s important to notify your workers’ compensation insurance carrier about your new job, especially if you are still receiving lost wage benefits. Failing to do so can lead to disputes over your entitlement to benefits and potentially delay your payments.
Provide the insurance company with details about your new employment, including salary, job duties, and work hours. They will use this information to reassess your eligibility for ongoing benefits.
3. Ensure Compliance With Work Restrictions
If your new job does not accommodate your work restrictions, you could risk exacerbating your injury or delaying your recovery. Make sure the new employer is aware of any limitations and is willing to adjust your role accordingly.
Discuss your restrictions with your doctor and ask for updated documentation that you can present to the new employer to clarify any accommodations needed.
4. Prepare for Changes in Wage Loss Benefits
If your new job pays less than your pre-injury salary, you may still be eligible for partial disability benefits to make up the difference. However, if your new job offers the same or higher wages, you should be prepared for the possibility that your wage loss benefits will end.
Work with your attorney or the insurance carrier to recalculate your benefits based on your new income and adjust your financial plans accordingly.
Can My Employer Retaliate If I Switch Jobs?
It’s illegal for employers to retaliate against workers for filing a workers’ compensation claim. However, you may worry that switching jobs could negatively impact your case, especially if your current employer disputes the claim or if the injury occurred in a high-risk job.
The good news is that your employer cannot retaliate against you for seeking employment elsewhere while your workers’ compensation case is active. Your new job should not impact your right to receive compensation for the work-related injury.
Final Thoughts
Switching jobs during a workers’ compensation case is possible, but it requires careful planning and communication with all parties involved. Whether you’re considering changing jobs for a better opportunity or needing to relocate, it’s crucial to understand how the move will affect your benefits and medical coverage.
By consulting with your attorney, notifying the workers’ compensation insurance carrier, and ensuring your new job complies with your medical restrictions, you can manage the transition smoothly without losing your entitled benefits.