Can I file a claim after I have been terminated?

An injured worker has a right to file a claim even after they have been terminated.

If an injured worker was injured at a specific time on the job and then subsequently terminated, they still have a right to pursue a workers’ compensation claim. The same applies if an injured worker worked for an employer for a period of time doing the same repetitive work and subsequently, after their termination, started feeling the effects of the repetitive work.

In addition, if an injured worker files a claim and then is subsequently terminated, their claim survives the termination. This means that the insurance company is still responsible for all reasonable and necessary medical treatment and potentially additional monetary benefits. An injured worker may also have an additional claim under workers’ compensation if they are terminated due to their filing of a claim.

The insurance company does have defenses if an injured worker files a claim after their termination. In addition, if you are terminated, the insurance company can try to cut off the monetary benefits, e.g. temporary disability or 4850 benefits, that an injured worker is receiving. Accordingly, it is very important you consult with an experienced attorney like those in our office to determine if your post termination claim is worth pursuing. Our attorneys are available to discuss the viability of a post termination claim and would be happy to explain further.