Workers’ compensation provides vital support for injured workers facing work-related injuries. But what happens when an employee decides to resign during the compensation process? Can you still receive comp benefits after leaving your current position? Here’s everything South Carolina workers need to know about workers comp in South Carolina before making a potentially risky move.
Understanding Workers’ Compensation in South Carolina
South Carolina’s compensation law ensures employment opportunities for workers injured on the job. If you’ve suffered a job injury or workplace accident, compensation insurance may cover:
- Medical treatment and ongoing medical care
- Temporary disability or permanent disability benefits
- Wage loss benefits or wage replacement benefits
- Vocational rehabilitation and reasonable accommodations
To be eligible for disability benefits, the comp claim must be linked directly to a work-related injury.
Types of Disability Benefits and Their Impact
Temporary Disability Benefits
If you’re receiving temporary disability payments such as temporary total disability (TTD) or temporary partial disability (TPD), quitting your current employer could lead to reduced weekly wage or weekly disability benefits. Insurers may argue you’re opting out of the workforce voluntarily, affecting your compensation for wage replacement.
Permanent Disability Benefits
If you’ve reached maximum medical improvement (MMI) and qualify for permanent partial disability or permanent disability benefits, leaving your job likely won’t affect your compensation payments. These disability wages are based on disability rating, not your current employment status.
Why Injured Workers Might Quit
Injured or active workers might consider quitting for many reasons:
- Job duties exceed physical capabilities
- Workplace conditions are hostile or discriminatory
- Seeking job opportunities in less demanding roles
- Retaliatory pressure from the compensation insurance company
While valid, quitting during a workers’ comp claim requires a strategic approach.
How Quitting Affects Benefits
1. While Receiving Only Medical Treatment
If you’re undergoing ongoing treatment or medical visits, quitting doesn’t stop medical coverage. Comp insurance continues covering necessary medical evidence-based care.
2. While Receiving Wage Benefits
When you’re receiving wage benefits and voluntarily resign, the insurance carrier might argue your lost wages stem from the resignation,not the compensation injuries. However, strong medical records and a supportive medical professional can protect your benefits from workers.
Can You Start a New Job?
Yes,with restrictions. If your new suitable position pays less, you may still qualify for partial disability benefits or partial compensation. However, if your current income matches or exceeds the previous weekly wage, wage loss payments may end, though medical care may continue.
Key Risks of Quitting
- Reduced Compensation for Wages
- Increased Scrutiny from the comp insurance carrier
- Potential wrongful termination accusations
- Tougher compensation settlement package negotiations
Smart Steps to Take Before Quitting
- Get a detailed ability assessment from your compensation doctor
- Understand your employment status and types of benefits you’re receiving
- Consult a comp attorney, comp lawyer, or experienced lawyer
- Explore light-duty work, alternative position, or light duty assignment with your current employer
Constructive Discharge & Legal Claims
If workplace pressure forces resignation, it may count as constructive discharge. Retain all accurate records and documentation to protect your comp claim and possibly pursue a comp hearing.
Can You Still Settle After Resignation?
Yes. Compensation settlement is possible post-resignation. These may include:
- Lump sums for permanent injuries
- Payments for medical treatment and bills alongside wage compensation
Be cautious. Some compensation clients lose access to future medical care by accepting a quick compensation settlement.
How the SCWCC Views Resignation
The South Carolina Workers’ Compensation Commission examines:
- Medical records, medical visits, and doctor visits
- Whether resignation was due to job performance, pressure, or physical inability
- The employee’s current employment status and previous position
Real-Life Example
Imagine an agricultural employee suffering a back injury in a work-related accident. If the employer refuses accommodations for light-duty job, and the medical professional advises continued restrictions, resignation may not affect disability payments or comp medical benefits, especially with a supportive legal team.
Final Thoughts
Quitting a job while receiving workers’ compensation benefits is a complex decision. Though compensation law in South Carolina doesn’t forbid it, the consequences can include reduced weekly benefits, disability benefits, or complications in a comp settlement.
Always consult an experienced attorney or compensation lawyer before resigning to protect your benefits for workers. Solid comprehensive evidence collection, including detailed record of employment status, ongoing treatment, and ability status, can be the difference between full maximum compensation and denial.
Need Help with a Workers’ Comp Claim in South Carolina?
Ted Law Firm’s award-winning workers’ compensation lawyers are ready to guide you through every step,from initial consultation to final compensation settlement. Don’t risk your comp benefits. Reach out today for a free confidential consultation and protect your right to full recovery. At Ted Law Firm, our auto vehicle accident lawyers and personal injury attorneys provide strategic guidance for victims of company car accidents. We proudly serve clients across all of South Carolina and Georgia including Charleston, Greenville, Myrtle Beach, and Atlanta. No matter where you are in either state, we’re here to help. And remember: you don’t pay a dime unless we win your case.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
