Legal Question in Workers Comp in New York

Re: can i quit my job after surgery

Your comp coverage will continue if you leave your employer. Coverage is based on who your employer is on the date of the accident. Post accident issues rarely, if ever, affect "coverage" and so treatment would continue after you left. However there is a difference between "coverage" and "entitlement" to benefits. Coverage only answers the question of who will pay, it doesn't answer the question of whether they "WILL"pay. A common argument when a worker leaves an employer while on Comp is that the worker left for reasons unrelated to the injury. In this scenario the employer walks into court and says "O.K., sure he got injured on the job, but I was ready and willing to honor his restrictions and bring him back and now he went and quit on his own for reasons not related to the injury. He is just using the injury as an excuse to quit when he was going to quit anyway." If the employer is right, you have coverage but you are not entitled to benefits. This usually results in some litigation. You can often win these arguments but if you are headed in that direction it is often best to get a lawyer to work with you on how to deal with the problem.