Worker's Comp Question?

[Fabby G]

Question for you: (thanks in advance)

I injured my knee at work last year and had surgery fully covered under my Workers Comp benefits. I have been doing physical therapy since the surgery, but I have a feeling that one of the two procedures that the Doctor performed isn't going to fully correct the issue. (i.e. cartilage tear with a 75% success repair rate). Since being back to work I have still been experiencing quite a bit of pain that makes my work day frustrating and difficult at times. It has also prohibited me in my personal time too. My Nurse, Claim Rep, Manager and Doctor are all aware of my continued pain by the way and it has been documented accordingly. I really have a feeling that the line of work that I do is prohibiting me from making a full recovery which might not even be possible. As a result I am seriously considering leaving my company and taking on a different career path that is less stressful on my leg/recovery.

Here's my questions:
If I resign from my job due to the reason that my work related injury is making it too difficult to continue working for this company doing this line of work, would this qualify for Unemployment benefits until I find a new job? Or, would they put me back on my Workers Comp benefits? Or neither?

 

[Ladyback1]

Question for you: (thanks in advance)

I injured my knee at work last year and had surgery fully covered under my Workers Comp benefits. I have been doing physical therapy since the surgery, but I have a feeling that one of the two procedures that the Doctor performed isn't going to fully correct the issue. (i.e. cartilage tear with a 75% success repair rate). Since being back to work I have still been experiencing quite a bit of pain that makes my work day frustrating and difficult at times. It has also prohibited me in my personal time too. My Nurse, Claim Rep, Manager and Doctor are all aware of my continued pain by the way and it has been documented accordingly. I really have a feeling that the line of work that I do is prohibiting me from making a full recovery which might not even be possible. As a result I am seriously considering leaving my company and taking on a different career path that is less stressful on my leg/recovery.

Here's my questions:
If I resign from my job due to the reason that my work related injury is making it too difficult to continue working for this company doing this line of work, would this qualify for Unemployment benefits until I find a new job? Or, would they put me back on my Workers Comp benefits? Or neither?

Neither.

 

[commentator]

Right! You leave that job now, for a health related reason as you describe, and you'll get no unemployment insurance. You have to be out of work through no fault of your own, and able, available, and willing to accept an equivalent job. This means you have to be able to work again at the same type of job. Since you have decided to quit and find a job that doesn't hurt your knee, you are not out of work through no fault of your own, you are the one who made the decision to quit.You feel you can't do the same job any more, and even if you have a doctor's statement that you can't do the work any more, no way is unemployment designed to be any sort of disability insurance, and no way would you be able to draw it under the circumstances you describe.

Likewise worker's comp. If they have decided you are medically able to return to work after your injury, you can't now decide you aren't well enough to do the work, and go back on worker's comp. and be off again. You need to think about this long and hard, and discuss it with your providers at great length. Because if you leave the job now, you qualify for neither benefit you are inquiring about.