Legal Question in Workers Comp in New York

Re: Resignation while on Comp

You may be able to keep getting compensation benefits but by resigning you have given the Compensation Carrier a defense known as "voluntary withdrawal from the labor market." In short, compensation like unemployment, is available for injured workers who want to work but can't due to an injury. If you resigned, they can argue the reason you are not working is not due to an injury, but rather due to a personal decision to resign. You would have the burden of proving that your injury was a factor in the resignation and that you still cannot find work, due in part, to the injury. This is a highly litigated area of the law.