Abandonment of Employment
The Ohio workers’ compensation system can be confusing. Our learn about pages provide basic information about the Ohio workers’ compensation system. You can find out more about the system from our Ohio Workers’ Compensation Guide or our explanation of Ohio workers’ compensation terms.
Learn about abandonment of employment:
- the concept of “abandonment of employment” may apply when an injured worker stops working– it can refer to situations where the injured worker retires or is fired;
- abandonment of employment can be considered voluntary or involuntary. An injured worker’s decision to quit working due to the effects of the injury is considered an involuntary abandonment and should not bar workers’ compensation benefits;
- an injured worker who abandons their employment can still receive a permanent partial award, wage loss compensation and medical benefits;
- abandonment may bar temporary total benefits if the injured worker voluntarily abandoned the job market;
- if an employer fires an injured worker for violation of a written work rule, that termination may be considered a voluntary abandonment of employment which would bar temporary total compensation;
- an injured worker who has abandoned the job market may regain eligibility for compensation when they take a new job;
- voluntary abandonment of employment may also bar an injured worker from receipt of permanent total compensation;
- for abandonment to bar an injured worker’s right to permanent total compensation, the abandonment must be considered a voluntary abandonment of the entire job market;
- however, if an injured worker was permanently and totally disabled before they retired, it does not matter if they voluntarily abandoned the job market — they remain eligible for permanent total compensation;
- the decision of whether an injured worker abandoned their employment is a question of fact to be determined by the Industrial Commission.
See our Ohio Workers’ Compensation Guide for more information about the Ohio workers’ compensation system.