Can you collect workers’ comp after being fired?

Injured workers can obtain workers’ compensation benefits even after being terminated if the injury was sustained on the job. Being fired does not legally prevent or stop the receipt of workers’ compensation benefits. If you file a workers’ compensation claim after being fired or notified that you are fired or laid off, your employer may assert the “post-termination defense.”

In most instances, when workers sustain job-related injuries, they typically initiate a California workers’ compensation claim soon after the incident. However, if you find yourself terminated, laid, off or departing from your job before filing the workers’ compensation claim, it can unfortunately impact your eligibility to receive benefits.

What is the post-termination defense?

The term “post-termination defense” typically refers to a defense strategy that employers may use in workers’ compensation cases. In the context of workers’ compensation, it refers to the argument put forth by an employer or their insurance company that the employee’s injury or illness occurred after the termination of their employment and is therefore not compensable under workers’ compensation laws.

Workers’ compensation is a form of insurance that offers benefits to workers who undergo work-related illnesses or injuries. These benefits generally include medical treatment, wage replacement, and vocational rehabilitation. The purpose of workers’ compensation is to ensure that injured or ill employees receive necessary support without having to go through the process of suing their employer.

However, in some cases, an employer defense attorney may argue that employee’s injury or illness occurred after their termination from employment and is not related to their work. By doing so, the employer attempts to avoid responsibility for providing workers’ compensation benefits.

To establish a post-termination defense, the employer typically needs to demonstrate that the injury or illness did not arise out of and in the course of employment. This defense may involve presenting evidence such as medical records, witness statements, and other relevant documentation.

If you are involved in a workers’ compensation case and facing a post-termination defense, it is advisable to consult with an employment attorney who specializes in workers’ compensation law. They can provide guidance and help protect your rights throughout the legal process.

What are exceptions to the post-termination defense?

Exceptions to the post termination defense may exist in certain situations related to workers’ compensation. While the defense is intended to protect employers from false claims after termination, they are circumstances where it may not apply. Here are a few exceptions:

1. Employer’s knowledge of the injury before termination: If an employer was aware of the work-related injury or illness before the termination or layoff took place, it can weaken the post-termination defense. If there’s evidence of the employer had knowledge of the injury, it suggests that the termination was not the reason claim rather an attempt to prevent the employee from seeking benefits.
2. Previous medical records: If there are medical records or documentation that clearly establish the existence of a work-related injury or illness prior to the termination, it can undermine the post-termination defense. These records can demonstrate that the injury occurred during the employment period and was not a result of retaliation or opportunistic claim filing.
3. Injury occurring after termination: In some cases, an injury may occur after the termination or layoff but still be directly related to the employee’s work activities during their employment. If it can be shown that the injury was a result of work-related activities that took place before termination, the post-termination defense may not apply, and the employee may still be eligible for workers’ compensation benefits.
4. Cumulative trauma: Cumulative trauma refers to injuries that develop over time due to repetitive activities or prolonged exposure to workplace conditions. Examples include repetitive stress injuries or occupational disease is caused by prolonged exposure to harmful substances. In such cases, the injury may not be immediately apparent and may only manifest after the termination. Workers’ compensation laws often recognize cumulative trauma injuries, and the post-termination defense may not hold in these circumstances.

Can you get workers comp if you quit?

In California, an injured employee should always submit a workers’ compensation claim, even if the injury or illness happened after the end of their employment. If an individual quits their job, as opposed to being laid off or fired, the post-termination defense is not applicable because it is less likely that the person is retaliating against the company. If an individual was laid off or terminated, their employer will use the post-termination defense, but if any of the previous exceptions apply, and the individual can still receive benefits.

Further, insurance companies will sometimes deny former workers’ claims due to misleading or incorrect post-termination defenses. It is also possible that a dishonest company will attempt to fire a worker as an act of retaliation for reporting a job associated injury. They could lie about receiving notification of the injury or illness before the termination took place. The above exceptions were established as a way to protect workers in these kind of circumstances and help them pursue a legitimate workers’ compensation claim.