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Filing for Workers’ Comp as an Outgoing Employee

California workers sometimes encounter issues when they suffer an on-the-job injury that happens to coincide with downsizing, layoffs or other types of employment termination. Generally, though, a layoff or other termination does not affect an employee’s entitlement to benefits for an on-the-job injury.

However, several special rules do apply when an injury or claim occurs in close proximity to a termination of employment. When an employee files a compensation claim after receiving notice of termination, he or she must prove one of the following in order to receive benefits:

  • The employer had notice of the injury prior to the layoff or termination becoming effective.
  • The employee’s medical records demonstrate the injury existed prior to the notice of termination.
  • The date of injury was prior to the time the termination became effective.
  • The claim is for a cumulative injury or occupational disease.
  • The claim is for a psychiatric injury and the employee can show that events which occurred during employment were the predominant cause, as well as meet other legal requirements that apply to psychiatric-only injuries

Employers are quick to suspect workers’ compensation claims that employees file after receiving a notice of termination. However, if you suffered an injury in the workplace or while performing company business, you likely still have the right to receive financial reimbursement for medical expenses and lost wages incurred as a result of your injury. An Orange County workers’ compensation attorney can help you make the case you need to overcome a resistant employer or compensation insurance carrier and get the benefits you deserve.

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