Can I File A Workers Compensation Case After I Have Left My Job?

Workers in the state are fortunate to have access to one of the nation’s most helpful Worker’s Compensation programs. The law requires all business owners to participate in the program. However, the employer is never permitted to deny access to the services when an employee is harmed or tries to stop them from filing a claim. In addition, when an employer is notified that an employee has been injured on the job, they are required to notify Worker’s Compensation of the injury incident.

The benefits provided to injured workers include:

• The cost of medical care required for any workplace injuries up to $1M – the coverage can be used for prescriptions, hospital and doctor bills, essential medical devices, surgical procedures, and rehabilitation for the injuries suffered while at work and performing regular job duties
• Temporary disability coverage will pay up to 66% of the injured worker’s average weekly earnings if they are unable to work while healing
• Permanent partial disability will be paid to workers who can never return to their jobs due to the injuries they suffered at work
• The cost of vocational training can also be awarded if the victim cannot return to their previous job but could seek other employment opportunities after receiving vocational training

As an injured employee in California, you must meet certain obligations to take full advantage of the Worker’s Compensation program. As mentioned, your employer is legally obligated to report your workplace injury accident to Worker’s Compensation after you report the incident. Typically, you take this step immediately after the incident and seek medical treatment as quickly as possible. However, if you do not immediately report the injury to your employer, know it must be reported to them within 30 days of the incident. In addition, after the injury is reported to your employer and the Worker’s Comp program, you have one year to file a claim for the injuries you sustained. The only exceptions to this one-year time limit include:

• Federal employees who are working in California have three years from the date of the workplace injury accident to file a claim as they are covered by the federal regulations which override the one-year time limit imposed by the State of California
• If the injuries you suffered are the result of cumulative trauma, such as harm from performing a repeated action as part of your job, you have one year from the date you were first diagnosed with the work-related injury or the first time you missed work because of it to file your claim with Worker’s Compensation
• Workplace injury victims who suffer severe harm, such as injuries leaving them in a coma or resulting in quarantine, can be permitted to file their Worker’s Compensation claim after the one-year time limit has expired, but these extensions are evaluated and approved on a case-by-case basis.

If you have additional questions about filing a Worker’s Comp claim, please get in touch with the experts at DTLA Law Group to learn more about your benefits and right to use this essential system.

In most cases, a Worker’s Compensation case is opened the day the victim suffers an injury. However, there are cases that are not diagnosed or discovered until days, weeks, or months after the injury occurred or began. If you have left the job where you were injured before filing a Worker’s Compensation case, you will be asked to clarify the reason or circumstances related to leaving the company.

If you quit your job, there is typically no issue in filing a Worker’s Compensation case, and it will be processed much like any case. The employer will be contacted to verify information, and the process can be straightforward if they are aware of the injury or you contact them to let them know you are filing a claim and why. However, if you were fired or laid off, the reason for your separation can require more examination. It is critical to determine that there is no reason for retaliation motivating the Worker’s Comp claim by the employee and that the employer did not fire the employee because they were going to file a claim.

If you only make your injuries known and file a Worker’s Compensation case after being terminated or laid off by your employer, it is likely they will claim that you are taking action only as a form of retaliation. They might even state that they are unaware you were ever hurt while on the job. It is inferred that the employee is not genuinely harmed and is trying to receive funds that are not owed to them to punish their employer for letting them go or being laid off by the company.

If this is the situation you face, please know that the team at DTLA Law Group is well-prepared to help you secure any compensation you are owed for workplace injuries. Our lawyers have decades of combined experience working to protect the rights of injured workers who are seeking the benefits they are entitled to after leaving a job where they suffered injuries or harm. The DTLA Law Group worker’s comp lawyers have great skill when facing dishonest employers who fire an employee without cause when they hear there is going to be a Worker’s Comp claim or those who deny ever being notified of an injury incident and claim. Please do not hesitate to contact our staff to learn more about your rights as an employee who was injured on the job and how our staff will help you get the benefits you deserve from the Worker’s Compensation program.

Injured employees need to understand that the medical expenses they face and the amount of their lost income will have a significant impact on the value of their Worker’s Compensation case. Your DTLA Law Group Worker’s Comp lawyer will help you determine an estimated amount for your benefits after reviewing your bills and average weekly income. Other factors, such as the cost of any vocational training, will also be included in the compensation value if those benefits apply to your case.

Much like determining the value of your case, the time required to complete it can be somewhat fluid. Your DTLA Law Group legal team will work diligently to process the information and claim as swiftly as possible to ensure you have the funds you need quickly. But it is essential to keep in mind that some aspects of your benefits will only be determined after you have healed from your injuries and know if it was a complete recovery or if you will face a lifetime of limitations and receive partial disability.

At DTLA Law Group, we are here to protect the hardworking employees who keep our state and national economy functioning. Without this workforce, our country would come to a standstill. If you were injured while at work and have not gotten the help needed from your employer to file a Worker’s Compensation case, please get in touch with our office immediately. Our staff can be reached 24/7.

The stress of a workplace injury, lost income, and mounting medical expenses can feel overwhelming. But please know you never need to face the hardships alone. The experts at DTLA Law Group are here to ensure that you get the benefits owed to you under the California Worker’s Compensation program. Our team will handle the process on your behalf so that you can focus on healing and making a full recovery after suffering such an unfortunate injury while working to support yourself and your loved ones.

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