I was injured in early sept 15, shortly after my injury as reported to my boss, I gave my 30 day notice due to unsanitary problems at my work. when I returned from the WC doc, I presented my restrictions to my boss, she declined me working for the 30 days. so the insurance that they carry said that I am not eligible for WC lost wages since I quit my job and was not compliant with WC restrictions. so my question do I have a case in receiving. lost wages
Kentucky rules for lost wages and return to work are fairly severe and anti-worker:
Your employer does not have to hold your job for you.
Your employer does not have to provide light duty work.
If you are restricted to light duty, the insurance company does not have to pay for lost wages.
Kentucky is an employment-at-will state which means that you can quit or be fired at any time for any legal reason or for no reason at all. Giving notice does not obligate anyone to anything.
In my opinion, based upon the circumstances you have described, you do not have a viable lost wage claim.
You may be entitled to other benefits or compensation under your claim.
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