Legal Question in Workers Comp in New York

Re: Current Workers comp case

You are right to have some concern about switching jobs. Its not a major issue but it is something you should be aware of.

Whenever you leave your job with an employer of record to work for someone else or stop working completely, there is at least an argument that you "voluntarily" withdrew from employment and that this is a personal "choice" that had nothing to do with the injury. In that event, so the argument goes, this choice is the "sole" cause of your continued need for lost wage payments from the compensation carrier.

This is not argued that frequently but it does occassionally come up, especially if you take a cut in pay from the change and are now seeking more compensation benefits because of the change. (Which actually may be permitted under certain circumstances). The key issue is whether the injury had anything to do with the claim for increased benefits due to the job change.

As always, you should probably speak to an experienced lawyer if this is a concern.