Leaving job but keeping workers' compensation benefits?

by Pete
(Buchanan, VA, USA)

I was employed for 24 years when I was injured at my workplace. I had to have a wrist fusion to my right wrist due to a work related injury. Due to the fact I can no longer perform the job I was doing when this injury happened, I was let go. I am receiving workman's compensation benefits . I have 2 questions...

1. Is it a requirement that I get a job? (The workman's compensation company is trying to find me employment elsewhere.)

2. If they do find me a job, am I required to stay with it even if it is something that does not suit me? Or would I lose my benefits? It is not that I just refuse the job. I tried it and it is not for me.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Leaving job but keeping workers' compensation benefits?":

Pete (Buchanan, VA, USA):

The workers' compensation insurance company can stop payments if they believe you are able to work and you choose not to. Of course, the type of work you do will be that type permitted by your physician.

If you get a new job and decide to leave it, you will likely have your workers' compensation benefits suspended or revoked.

It sometimes takes the workers' comp insurance company weeks or even months to "catch up" with a worker who leaves his or her job. While the worker may continue to receive workers' comp benefits after leaving a job, once the insurance company finds out they were making payments during the time a worker chose not to work, the worker will have to reimburse the company for the amounts paid.

In the alternative, the workers' comp insurance company may suspend future payments until such time as the amount of over-payment is repaid by the worker.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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