hurt after giving notice: still get lost-income benefit?

[jna1322]

Hi, a member of my family gave notice she was quitting her job. But during her last week of work, she was injured. She will be medically unable to work for at least a month. Will she still qualify for income-replacement WC benefits, even though technically she wasn't going to be working there anymore?

Has anyone had experience with this issue? (or, what's the best way to get an answer?)

Thx!

[AQA]

I don't see an issue with giving notice to quit. The issue is "was she doing her job when she got hurt"??? If so, I would file a claim. More specific info could be given if her state was known.

Take Care

[jna1322]

AQA Wrote:I don't see an issue with giving notice to quit. The issue is "was she doing her job when she got hurt"??? If so, I would file a claim. More specific info could be given if her state was known.

Take Care

She is in the great state of PA.

[kate]

In most instances, wage loss benefits are paid due to inability to work because of the injury. Not sure exactly how it works in PA but in FL, if the doctor has her off work completely, she would get TTD benefits. Once able to return to work in any capacity, benefits would terminate as she is "voluntarily limiting her own income" (she was quitting anyway)

Tim Belt is an attorney from PA and he should be able to give a better answer,

[Timothy Belt]

It would depend on why she gave notice. If she was leaving this job with the intention of retiring, or to spend a few years raising young children then arguably there is no wage loss as a result of the work injury. If she was leaving this job for another job which she can not do because of this injury there is a resulting wage loss claim. She would be entitled to medical either way. However, under the circumstances, I seriously doubt that the IC will be willing to pay without a fight. I am a PA WC lawyer, and I would be happy to answer any additional questions she may have.

kate Wrote:In most instances, wage loss benefits are paid due to inability to work because of the injury. Not sure exactly how it works in PA but in FL, if the doctor has her off work completely, she would get TTD benefits. Once able to return to work in any capacity, benefits would terminate as she is "voluntarily limiting her own income" (she was quitting anyway)

Tim Belt is an attorney from PA and he should be able to give a better answer,

[jna1322]

Thanks to all of you for your replies!

She quit in order to take another job. (What is IC?)

Another piece of the picture: she was injured not through an accident of her own, but by being hit on the head by a client in the group home where she worked -- group home for mentally ill adults. There was I believe some prior history of the client being violent; this home is (to my best understanding) not intended for violent clients. She had to have surgery to relieve a brain bleed.

Timothy Belt Wrote:It would depend on why she gave notice. If she was leaving this job with the intention of retiring, or to spend a few years raising young children then arguably there is no wage loss as a result of the work injury. If she was leaving this job for another job which she can not do because of this injury there is a resulting wage loss claim. She would be entitled to medical either way. However, under the circumstances, I seriously doubt that the IC will be willing to pay without a fight. I am a PA WC lawyer, and I would be happy to answer any additional questions she may have.

kate Wrote:In most instances, wage loss benefits are paid due to inability to work because of the injury. Not sure exactly how it works in PA but in FL, if the doctor has her off work completely, she would get TTD benefits. Once able to return to work in any capacity, benefits would terminate as she is "voluntarily limiting her own income" (she was quitting anyway)

Tim Belt is an attorney from PA and he should be able to give a better answer,

[AQA]

IC= insurance carrier.

[jayne]

would contact Tim belt if I was you to answer your questions

[Timothy Belt]

Under your facts, I would say that there is a claim. Your family member should immediately obtain legal representation, and if more than 21 days has passed since the injury without the injury being accepted, a claim petition should be filed.