Q: I had to quit my job after being injured -- can I still file a workers' comp claim?
I am sorry to hear about the problems you are having as result of your work-related injury, however, it would be impossible to answer your question without further information.
In order to be eligible for Workers Compensation Benefits, your wage loss must be due to the work injury, and not some other circumstances. If your wage loss is due to your voluntarily quitting your job, you may file for Workers Compensation Benefits, but may only be eligible for medical benefits and not wage loss benefits. If it can be shown that your separation from employment was not voluntary, you may be eligible for both medical and wage loss benefits.
Even if you did voluntarily quit your position, but your injury ultimately rendered you Totally Disabled; i.e. required surgery, you may then be eligible for wage loss benefits thereafter.
It is my recommendation that you immediately contact an Attorney who is a Certified Specialist in Pennsylvania workers Compensation Law to schedule an initial consultation to discuss your rights and remedies. The Initial Consultation would be free of charge and most Attorneys will accept your case on a Contingent Fee Basis.
Alexander Palutis agrees with this answer
A: You can file a claim for Workers’ Comp Benefits up to three (3) years after your date of injury. You must also provide notice to your employer within 120 days of the date of injury. If you had to quit your job after your injury, the reasons why you quit should be explored with a Pa Certified Specialist in WC Law. The circumstances surrounding your separation from work after your injury may or may not be relevant to your claim and your entitlement to benefits. Best of luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.