If you are employed, you might not know about something called abandonment of employment – but every Ohio worker should be aware of this term.

In a nutshell, abandonment of employment is when a worker, who has been injured or ill, stops working. An Ohio worker can stop working due to many factors like retirement, getting fired or simply not showing up. But abandonment of employment can be voluntary or involuntary – and can impact your workers’ compensation benefits. 

So, what is the difference? 

Involuntary abandonment of employment is when an Ohio worker stops working solely because of an injury or illness. You may still be able to get workers’ compensation benefits in this case. 

Voluntary abandonment is when a worker decides to quit voluntarily – meaning the injured worker could still work but decides not to work.  It can also include being terminated for violating a work rule or employment policy.  In such cases, you might not receive benefits.

The law with respect to whether you are entitled to receive pay while off work is changing rapidly.   Due to the changing nature of the law with respect to entitlement to compensation payments, having a knowledgeable workers’ compensation attorney comes in handy – as an injured worker does not know the ins and outs of the system.

For example, if you are determined to have abandoned your job, you may not get compensation, but if you find another job somewhere else and have to go off work, you may be able to get such benefits. 

When it comes to determining what constitutes abandoning employment, the state has the final say – and it will look carefully to assess the circumstances.   However, the situation is not always clear cut and there are gray areas to every situation – but your Ohio workers’ compensation attorney can help you navigate it. 

It’s always a good idea to consult with an attorney if you’ve been injured at work, especially if you are not able to work because of your injury or illness.

There are options available and you need to protect your rights – and your well-being!

Connor Kimmet and Hafenstein LLP

If you or someone you love is facing an injury or illness due to their job, we can help. We have a qualified attorney for you. Contact us today.