Can you get workers compensation after leaving job or fired

Many employers and employees are curious if they can file a workers’ compensation claim after leaving their job. In this article, we will provide information on workers’ compensation claims and address the question: does it make sense for workers to file a claim after leaving job, termination, or fired?

What is Post-Termination Defense in California?

When employees file workers’ compensation claims after they are fired, after their employer tells them that they are being fired or laid off or after they have already left their jobs, their employers can sometimes deny them benefits.

The post-termination helps protect companies from former workers. Essentially, this defense prevents workers from retaliating against their former companies by using false workers’ comp claims to initiate a payoff.

After Ski and Stretch laid Jen off, she filed a workers’ compensation claim for her broken ankle. She had planned to do so earlier, but Jen didn’t have time between looking for a new job and caring for her son Jon.

The insurance company denied Jen’s claim when Jen inquired why; the company informed her that they were protecting Ski and Stretch from possible retaliatory action.

Can Workers Collect Workers’ Comp After Being Fired?

Typically, employees injured on the job file claims for workers’ compensation after the injury occurs.

However, a more complex situation occurs when an employer terminates a worker, or the worker leaves the job before they can submit their claim.

When employees who were injured on the job file for workers’ comp after their employment has ended, it creates problems and can impact the employees’ ability to obtain benefits.

A Workers’ Comp Claim After Termination: Mike and Jon

Mike has spent ten years working as a physical therapist in Lake Tahoe, CA, for Ski and Stretch Industries. He is highly respected in his field and has helped many skiers and snowboarders recuperate from injuries. Mike has plans to open a new office in Truckee, CA, and is excited to take his practice to the next level.

However, an unpredictable situation arises during Mike’s last week at the office.

The day before Mike leaves the office for his new venture, he visits his final patient. Afterward, there is a going away party for Mike with delicious cake.

Taking a break from the party, Mike enters the break room for a cup of coffee. However, the old coffee machine malfunctions and the scalding coffee burns Mike’s arm.

Mike goes straight to the hospital. He wonders if he can claim Ski and Stretch. However, he has already cleared his office and seen his last patient, so will his claim be valid?

Mike and Post-Termination

Recovering at home, Mike does some research. He finds that some employers deny benefits to workers who report work-related injuries after being fired or leaving the job. This denial is known as a post-termination defense because companies can use it to justify not compensating injured workers.

Mike posts a question about post-termination on Twitter, and the next day, another physical therapist, Jen, contacts him. Jen used to work for Ski and Stretch, but the company fired her.

Jen’s Situation and Workers’ Comp Claim

Jen was laid off on a Friday, and his last day was Monday. However, Jen returned to the office on Tuesday to pack her tools, and coincidentally, she slipped into a puddle and broke her ankle. As a result, Jen tells Mike that she has not been able to receive any workers’ comp from Ski and Stretch.

Jen and Mike, former employees of Ski and Stretch, find themselves in two unique yet similar situations. Let’s see how the post-termination defense and possible exceptions apply to their situations.

Do Exceptions to the Post Termination Defense Exist in California?

Although some employers deny workers’ benefits based on leaving the company, many employees’ compensation claims filed after their working term ends are valid.

When a former employer such as Ski and Stretch uses the post-termination defense, what can workers do in response?

Workers such as Jen and Mike may still be able to get benefits if they can show these necessary exemptions apply to their cases:

The Company Was Aware Of The Injury Before The Worker Was Fired. When workers are injured, they must tell their employer immediately. While it makes the most sense to write this notification down, employees can also first verbally tell their manager or supervisor.

However, if the notification is not dated, the decision of whether or not to award compensation may depend on the worker’s credibility compared to the employer’s.

If the worker can prove that they did not have a chance to notify their employer until after they were fired, the workers’ comp may be awarded. However, notifying the employer after being terminated is typically deemed too late.

After hurting her ankle, Jen did not immediately tell anyone. Unfortunately, this omission made it difficult for Jen to file a successful workers’ comp claim against Ski and Stretch.

The Employee Possesses Previous Medical RecordsIf the worker has medical records dated before they were fired and the records relate to the injury, the claim may prove successful. These records can be from any urgent care facility, physician, hospital, or other qualified medical treatment centers in any state.

However, these records are not recognized as official if workers obtained them after the employee filed the claim. Therefore, the records are also subject to review by the employer.

Mike immediately left his going away party and went to the ER, where he was treated by Doctor Billy B. Dr. B updated Mike’s medical records and gave him a copy.

The Employee Was Injured Before Their Last Day, But After Being Notified of the Firing.

Workers could not receive compensation for specific injuries before their last day of work if they did not notify their company about the injury. If an employee experienced a particular injury after being told they were fired. Still, before workers finish their employment, they should be able to make a workers’ comp claim.

These claims only hold, however, if the employee notified their employer when they were injured. A specific injury is a singular event requiring disability or medical treatment.

Jen’s claim did not work because not only did she forget to notify her employer about the injury months later, but Jen also was injured after his last day of work. However, while things are not looking good for Jen, Mike’s claim appears ready to move forward. This is because Mike has medical records and was injured before his term of employment ended.

The Worker Experienced Trauma Deemed Cumulative

Cumulative trauma occurs when repeated events are responsible for a certified disability or occupational damage. For example, if Mike had sustained a long-term hearing injury from the loud music played at Ski and Stretch, but he did not realize it, his employer would be unable to use the post-termination defense.

However, if Mike had been aware that the music was overly loud and damaging his ears, and Mike did not say anything to his managers and supervisors at Ski and Stretch, he would not be able to file a successful claim.

How Can Workers File a Compensation Claim After Their Employment is Over?

In California, we recommend that employers who sustain workplace injuries always file a workers’ comp claim. Here are a few reasons why.

If a worker quits their job as Mike did, the post-termination defense is not applicable because retaliation is not an issue.

Like Jen, the company would probably utilize the post-termination defense if the worker was laid off or terminated. However, one of the four abovementioned exceptions applies to the situation, and the worker has a right to benefits.

Insurance Companies and Dishonest Employers

Dishonest employers may attempt to fire workers because they have reported injuries sustained on the job. This type of action is retaliation. Also, insurance companies sometimes deny workers’ comp claims based on deceitful post-termination offenses.

California employees are protected by the exemptions outlined in this article. However, workers in California should also seek guidance from a qualified workers’ compensation attorney when faced with dishonesty and lies from employers, insurance companies, or both entities.

When Should Workers Contact an Employment Attorney?

Both Mike and Jen contacted capable, experienced employment attorneys. Mike received workers’ compensation from Ski and Stretch based on the legitimacy of her claim. His medical records and the timeline of his case made it easy for his attorney to submit a claim.

Jen could not collect his workers’ compensation, but she understands that part of this was his fault. However, things might have been different if she had reported the injury and seen a medical professional for his shoulder.

Both California workers benefitted from their consultation with qualified attorneys in the long run. Mike received a large settlement and plans to open his own office next year. Jen knows what to do if she becomes injured at her new job.

When employees believe they have a legitimate workers’ compensation claim in California but must file after their jobs have ended, they should contact a capable California employment attorney. A licensed attorney can inform the employee of all the available options for their case.

Contact the Employment Lawyers at Nakase Wade

At the law offices of Nakase Wade, we care about California’s workers’ rights. Our employment lawyers will review the details of your case and provide support and expert consultation regarding the next steps. Please contact Nakase Wade to schedule a free consultation today.

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