Source
r/legaladvice•
Teeter477

[US ME] I have one week left on my two week notice and just had an accident at work eligible for worker's comp... Should I be rescinding my resignation to ensure I receive all relevant benefits?

I'm in Maine. Literally at the ER right now pending an x-ray. I slammed my thumb in my boss' car door in the parking lot at work. May be broken, not sure yet. Hurts like a bitch and may need treatment of some sort.

Naturally this happens one week into my two weeks notice as I am leaving the company for another job. Should I be concerned about the timing of this and whether I'll receive full benefits? I don't expect to miss much work in the first place.

Posted Aug 22, 2018, 6:05 PM UTC · edited

515
s-dubyaQuality Contributor •

No the claim won't be affected by you leaving your employment. You also may get fired fyi: that won't affect it either.

34
Teeter477OP•

It would be silly to fire me if my resignation is already in... No?

2†
s-dubyaQuality Contributor •

It would be. But people are crazy. If so you may have a retaliation claim.

9
UsuallySunnyQuality Contributor•

Yes. Also possibly illegal.

6
Thalenia•

To clarify, firing (as in for cause) might be an issue, but it is not uncommon (and not illegal in most cases) for companies to end your employment once you resign.

3
UsuallySunnyQuality Contributor•

Yet it raises red flags to do it not immediately after a resignation, but right after an accident.

6
renro•

They might think that it frees them from the claim. In which case, the termination will be valid, but no it doesn't and they might be on the hook for pay for the time between the termination and your intended end date

1
bug-hunterQuality Contributor•

Getting fired is like a bonus, since they get a free retaliation claim.

1
peacock_shrimp•

If you are still working for the company, you are covered under their worker's comp insurance. The fact that you've given notice is irrelevant, you are an employee injured in the course of work and therefore should be eligible for full benefits.

3
OldPro1001•

OP states he/she slammed thumb in bosses car, but if I'm reading correctly has not indicated if using bosses car was part of normal work duties, or was, lets say, after a casual conversation with boss after working hours. Does any of that make a difference?

​

1
Teeter477OP•

We were returning from a business related lunch and it happened outside of the car as I was standing in the parking lot. My understanding from HR is that this means workers comp.

1
Ireallylovemydog•

A. Speaking as someone who handles WC claims, HR is working on behalf of the employer here, so please understand they may not give you the full information about WC, and your rights therein.

B. You say the lunch was business related - so you were "on the clock"?

1
Teeter477OP•

I'm salaried, so I guess I'm not sure how to explain whether I was on the clock or not.

1
bug-hunterQuality Contributor•

No, don't be concerned. File the claim, and it will cover you even after you leave and start a new job.

3
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Author: u/Teeter477

Title: [US ME] I have one week left on my two week notice and just had an accident at work eligible for worker's comp... Should I be rescinding my resignation to ensure I receive all relevant benefits?

Original Post:

Literally at the ER right now pending an x-ray. I slammed my thumb in my boss' car door in the parking lot at work. May be broken, not sure yet. Hurts like a bitch and may need treatment of some sort.

Naturally this happens one week into my two weeks notice as I am leaving the company for another job. Should I be concerned about the timing of this and whether I'll receive full benefits? I don't expect to miss much work in the first place.

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