canyou quit?

[katighan]

i have a friend who got nerver damage in her elbow and it looks like the dr visits are going to go for a long time if not years. can she quit her job and still receive workmans comp on it?

[Timothy Belt]

What state?

[1171]

yes eligibility continues. workers comp is not like health insurance; the employer is insured not the worker.

[Timothy Belt]

Depending on the reason why she quits her job, she may lose some or all of her right to wage loss benefits. I would agree that quitting the job will not end entitlement to medical benefits.

[1171]

Your answer of course is much more correct then mine.
It answered the question they asked; while mine tried to clarify the confusion that may have given rise to the question.

when I first start posting on message boards, i tried to give the more nuanced answer; which lead to 3 or 4 more questions before discovering the original and commonly confused assumption.
After seeing it so many times I now just jump in to correct the false premise.

[katighan]

it is montana. she has nerve damage in her elbow and they say it might need surgary in a year or so. The reason she wants to quit is the employer is very bad. Besides me there has been 2 others that quit in the last week and several others that are looking for other jobs. Very verbal abussive among other things

Timothy Belt Wrote:What state?

[tourdaddy]

katighan Wrote:it is montana. she has nerve damage in her elbow and they say it might need surgary in a year or so. The reason she wants to quit is the employer is very bad. Besides me there has been 2 others that quit in the last week and several others that are looking for other jobs. Very verbal abussive among other things

Timothy Belt Wrote:What state?

why would she quit, is she out on TTD ? I dont know the Montana laws but by all means dont quit, go to your Dr. If your Dr. is not going to have surgery for another year then he should place you on light duty, and if there is no light duty then you dont have to quit. Actually the Dr. should probably have you out on TTD while you try some physical therapy, and if your on TTD then you are getting paid anyways.

[katighan]

tourdaddy Wrote:

katighan Wrote:it is montana. she has nerve damage in her elbow and they say it might need surgary in a year or so. The reason she wants to quit is the employer is very bad. Besides me there has been 2 others that quit in the last week and several others that are looking for other jobs. Very verbal abussive among other things

Timothy Belt Wrote:What state?

why would she quit, is she out on TTD ? I dont know the Montana laws but by all means dont quit, go to your Dr. If your Dr. is not going to have surgery for another year then he should place you on light duty, and if there is no light duty then you dont have to quit. Actually the Dr. should probably have you out on TTD while you try some physical therapy, and if your on TTD then you are getting paid anyways.

she isn't on TTD. she is on light duty kind of. she did therapy, her next dr visit is the 21. She want's to quit. she just wants to make sure they still have to pay

[tourdaddy]

katighan Wrote:

tourdaddy Wrote:

katighan Wrote:it is montana. she has nerve damage in her elbow and they say it might need surgary in a year or so. The reason she wants to quit is the employer is very bad. Besides me there has been 2 others that quit in the last week and several others that are looking for other jobs. Very verbal abussive among other things

Timothy Belt Wrote:What state?

why would she quit, is she out on TTD ? I dont know the Montana laws but by all means dont quit, go to your Dr. If your Dr. is not going to have surgery for another year then he should place you on light duty, and if there is no light duty then you dont have to quit. Actually the Dr. should probably have you out on TTD while you try some physical therapy, and if your on TTD then you are getting paid anyways.

she isn't on TTD. she is on light duty kind of. she did therapy, her next dr visit is the 21. She want's to quit. she just wants to make sure they still have to pay

what is light duty kinda? and what is the medical staus today
TTD tempoary totally disabled?
TPD tempoary patialy disabled?
PPD pemanent patial disabled?
PPI pemanently partialy impaired?
you need to let us know more info so we can do our best to help. Remember most of us are injured workers as well we are not lawyers and everyone on here will tell you to get one. So if we can help we will but we dont know all the facts and a good attorney would be able to answer all your questions appropriatly.

[katicabogar]

I think I understand the question. Because employer verbally abusive, your friend, who is on light duty due to injury, wants to quit but still wants to collect time-loss.
Bad idea to quit for above reason, she will not be able to collect time-loss and will not be able to get unemployment, neither.