Ben Lomond, CA asked in Employment Law and Workers' Compensation for California

Q: If I leave my job while on worker's comp, is there a way to leave on good terms?

It's a fairly minor worker's comp claim (as in no permanent injury), though they can't accommodate my modified duty so I'm at home and collecting TTD. I got a job offer that I'd like to take, but I want to leave my current employer on good terms so that I have the option of returning if I need to. I don't want or need a settlement, I just want to leave on good terms and have any remaining medical bills related to this injury paid for.

1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Yeah but it opens up your new employer to a law suit!! DID YOU KNOW if a doctor writes the new job is causing any increase in symptoms, the current workers comp insurer can 'join' your new employer as a co-defendant and demand payment as 'contribution'?? IF POSSIBLE it is best to stay with the current employer up until the treating doctor writes you've hit MAXIMUM MEDICAL IMPROVEMENT (permanent & stationary, for us oldsters) . once your condition has Plateaued, then you go to the new job. Leaving for the new job does NOT release the Comp Insurer from providing benefits according to the Labor Code.

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