Navigating the waters of workers’ compensation in California can be complex, especially when there’s a shift in employment status. An essential question many ask is: Can you apply for workers’ compensation if you’ve left your job where the injury occurred? Let’s delve into the nuances. If you need assistance, call PLBH at (800) 435-7542.
The Challenge of Filing Post-Termination
Typically, workers who experience injuries at their workplace file for compensation shortly after the event. However, what happens if you resign, are let go, or exit the job in any other manner before lodging your workers’ compensation claim? Regrettably, submitting a claim post-employment can be challenging.
Understanding the Post-Termination Defense
Companies might have the right to decline your workers’ compensation request if you lodge it after receiving a notice of termination, being informed of a layoff, or post-dismissal. This is due to a provision known as the post-termination defense, set up to safeguard businesses from potential fraudulent claims by ex-employees seeking revenge.
Imagine a situation where you are dismissed from your job and decide to file for workers’ compensation the following day, claiming an injury just days prior to the dismissal. Insurance companies, aiming to protect employers, might decline such claims at first sight.
Navigating Exemptions to the Post-Termination Defense
While there are hurdles, it’s crucial to remember that many workers’ compensation claims made after leaving a job are genuine. So, how can you ensure your claim stands strong against the post-termination defense?
- Employer Knowledge: If your employer knew about your injury before your dismissal, it holds weight. It’s always advisable to notify your employer immediately upon sustaining an injury. Whether through formal documentation or verbal communication with a supervisor, this ensures a record of the injury.
- Medical Documentation: If you possess medical records that trace back to before your termination, these can support your claim. Any documentation, regardless of the source, can be invaluable.
- Specific Injury Post-Notification: If you experience a distinct injury after being informed of your termination but prior to the actual exit, it’s crucial to inform your employer before your official last day.
- Cumulative Traumas: These refer to occupational injuries that result from repeated events. If you began a role that led to such an injury before being let go but weren’t aware until post-termination, the post-termination defense may not stand.
Taking the Right Steps After Employment Ends
In California, it’s always a prudent move for injured workers to file for workers’ compensation, even if the realization or onset of the injury happens post-employment. The post-termination defense doesn’t stand if you exited the job voluntarily, as opposed to being laid off or dismissed. However, if you were let go, while the post-termination defense might come into play, the previously mentioned exceptions could still make you eligible for benefits.
It’s also worth noting that some insurers might refuse claims from previous employees based on misleading post-termination reasons. Alternatively, there might be cases where an employer dismisses an employee as a backlash for revealing an occupational injury or may fabricate prior knowledge of the injury. This is why these exceptions exist – to protect employees and aid them in establishing a valid workers’ compensation claim.
The most practical step forward? Seek the expertise of a seasoned lawyer who can guide you through the intricacies and help you understand your choices. For legal guidance, get in touch with PLBH at (800) 435-7542.