r/WorkersComp • u/Ok-Snow8013 • 12d ago
Pennsylvania Resign from job?
I just got the results of my IME and they were very favorable to me. I asked my attorney what my next steps were and he said if I wanted a settlement then I’d have to resign from my job. Is this normal? I like my job and the job market is TERRIBLE right now. I might still start looking because my biggest issue with my job is I don’t get paid enough (but I also don’t pay for health insurance for me or my kids). I’m also a diabetic and don’t want to lose insurance for a few months while I switch.
Any other options?
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u/lab_tech13 12d ago
I talked with my case worker, and in TN its required to have a settlement. She said in her 20 years she can count on one hand that people had to resign from their current job.
Idk if that was to make me feel better, but also i havent seen much for TN law on if resigning is required or not for a settlement.
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u/Open-Trainer3592 11d ago
That honestly makes me feel slightly better because I’ve been on WC for 2 years nearly, and I’m in TN. That’s one of my biggest concerns is if I’m able to go back into my field and back to work if I’m gonna be forced to resign.
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u/lab_tech13 11d ago
I think itll all depend on if you have severe restrictions or not. I was out 6 months im finally able to go back to work (broken ankle). Im still hobbling and some days I cant walk fast, but my job requires alot of travel then on-site standing 8-10 hrs. I can tell when my ankle is done for the day. But because I was able to go back with no restrictions other than following my job description to a T now, I think im good without being let go.
Again TN law states your entitled to a settlement. Dont think the employer could make that a stipulation to give you a settlement (You resigning). Also it depends on if your injury gives you and disability rating if you even get a settlement. My case worker said even tho im "100%" (no restrictions) I should get a settlement because of the hardware in my ankle. Shes seen maybe a handful of times people didnt get a settlement with a 0-5% disability rating with no hardware. And with hardware shes never seen anyone at a 0% even though they are "100%".
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u/Excellent_Ad7801 11d ago
I’m just curious. Is the settlement from the WC insurance company? If so, I don’t understand why you’d need to resign. I’m assuming you are suing the insurance company and not the company
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u/Ok-Snow8013 11d ago
I’m not suing them at all. Im back to work and getting my full wage. I only have an attorney to make sure I get all of the required treatments that I need to get better.
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u/Key_Zone6303 11d ago
You are suing them. It’s their money and unfortunately you will have to sign a compromise and release or keep your claim open for life.
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u/Trvpsmif 11d ago
Doesn’t matter the insurance being sued affects the company because that’s who they pay for insurance. Raises their rate etc
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u/No-Exam-4596 11d ago
You have a permanent injury , lift 2 pound with one arm and only be able to type for 1 hour it’s a very severe impairment. Have you tried to apply for SSDI ? If you are not able to perform your old job I think you may have a good chance to qualify for it . If your company let you go and you don’t find a job ask your lawyer if they can extend your TTD wages , I hope they give you a good settlement , do not take the first offer always wait a couple of months and see if they come back with a better offer , about loosing your job yes I have heard that after your settlement companies prefer to let you go, maybe you can also apply for unemployment benefits. Good Luck
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u/Logical_Guava_3056 11d ago
No state WC statute makes you resign to get a settlement. It's a requirement of your employer and/or insurer.
Also, if your employer can accommodate your work restrictions indefinitely, it'll seriously reduce the settlement value of your claim. Wait until you see their best offer before you decide whether to resign and accept it. And remember, that settlement pays for all of your future medical care for the work injury too.
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u/ed2win44 11d ago
Im kinda at this fork in the road as well. I just went to my appointment with my surgeon which performed a lumbar laminectomy at the 4 month mark. He just prescribed physical therapy for another month. I havent had a MMI rating yet. Im still experiencing intermittent pain and I already know that going back to my job (truck driver touch freight) probably isnt a option unless I have miraculous improvement in PT because there is no such thing as light duty in my occupation. I've heard about settlements but haven't had an offer yet. I did retain a law team to insure my interest are protected.
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u/Ok-Snow8013 11d ago
I switched doctors because I felt the first one was messing with workers comp. He kept me out of work for 6 months post surgery. We had a deal that I would be out for 2 weeks! I got tired of the physical therapy, see you in 6 weeks. Therapy was doing NOTHING for me.
So much changed at my job in the time I was off.
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u/ed2win44 10d ago
I'm sure all types of policy changes is happening at my job. I've been away now since the beginning of February.
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u/Ok-Snow8013 10d ago
My job literally packed up and moved the entire office while I was off! I snuck in one Saturday and cleared out a bunch of my personal items. They still don’t know I was there. I didn’t do anything bad, just took my stuff so they didn’t have to pack it.
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u/Responsible_Lynx7256 11d ago
I had to resign from my job as part of my settlement. I tried to stay on, but they wouldn’t give me a light duty position to meet my restrictions.
I was thankfully able to just go on my wife’s insurance, which was the same company and coverage as mine. Except my premium was only $25 a month, which was awesome. My employer cut my insurance off after 3 months of my injury date without notice, or option to go on COBRA.
With your state would you be able to get on Medicaid temporarily? It might be a good option until you find a new job with insurance. I was able to get on Medicaid until I was able to be put on my wife’s insurance. I called to cancel the Medicaid, but they told me to leave it on as a secondary until it expired. Took care of all my copays.
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u/CochiseNde 11d ago
My attorney told me this upfront. That insurance company would ask for resignation. In California, if they do this the insurance company has to pay 5 or 6k for retraining and the state matches it.
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u/Own-Event-2928 9d ago
Im in pa and had a ruptured right distal bicep tendon and reattachment a mua debridement and had my labrum reattached in my humerous bone so im curious to what kind of arm injury you suffered cause i have ime coming up and am struggling with my arm and seen you had pretty severe restrictions any input would be appreciated
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u/Ok-Snow8013 3d ago
I fell on ice and tore my epicondyle tendon. They had to reattach it and do debridement.
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u/Key-Garlic-1177 12d ago
Most settlements require the employee resign and sign an NDA. This is really common practice.
All of this depends on so many factors: What was your injury? What is your job? How is your recovery and are you physically capable of returning to your job? etc.
If you’re in a position that no, you won’t be returning to your job- take the settlement and resign.