Should you Resign if you are not Able to Work?
Attorney
(866) 735-1102 Ext 645
Many of our workers' compensation clients are hurt so severally that they are unable to return to their former jobs. An issue often arises as to whether the injured employee should resign from his or her job or wait to be fired.
The answer almost always is that the employee should not resign.
An employer is justified in terminating an employee who is no longer able to work. However, if an employee is unable to work as a result of a work related injury, the employer is responsible for finding work for the employee which is suitable for that employee's physical capacity. If the employer cannot find such suitable employment, the employer is obligated to pay workers' compensation benefits until such time as the employee is able to get back doing work in either their prior occupation or some other job.
If the employee resigns, the employer can and very often does, take the position that they have no further responsibility to the worker from the date he or she resigns.
It is less likely that an employer will fire an injured worker while they are out of work because of a work-related injury. By firing the worker, the employer is acknowledging that the employee is not able to do the job satisfactorily.
This disability gives rise to the continuing obligation of the employer to pay workers' compensation benefits to the employee until he or she returns to work.
By resigning, the employer could argue that it is not responsible for the worker because the worker resigned. At that point, it is difficult for the employee to show that they were out of work because of a disability rather than their unwillingness to work.
The employer's continuing obligation to pay the worker if they cannot work is an important benefit under North Carolina workers' compensation law. By resigning, the employee could be giving up that right.
Before making an important and crucial decision to resign from employment because of the inability to work, a lawyer should be consulted.
If you or a loved one have questions about returning to work following a workers' compensation case, please contact us by filling out the above form.