Do I Still Have A Right To Workers Comp Benefits If I Have Left My Job?

The benefits provided to California workers who are hurt on the job can be life-altering. Victims of workplace injuries in other states often suffer severe financial challenges because of the lower-quality benefits offered in their states. However, workers need to be educated about what is available to them and how to secure the compensation that is part of this helpful program provided at no cost to them.

The process should typically begin with a call to your employer the moment you have been injured at work. If you are unable to make the call, a co-worker or witness should reach out to your employer or boss after calling 911 to request emergency medical care for your injuries. When an employer is notified of an injury accident involving an employee, they are legally obligated to contact Worker’s Compensation to report the incident. This is the first step in facilitating easy access to your Worker’s Comp benefits, which include:

• Up to $1M in medical care coverage that can be used to pay for hospital or doctor’s bills, surgical procedures or other treatment, essential medical devices, prescriptions, and any therapy or rehabilitation that is required to make a complete recovery
• The program pays up to 66% of the injured employee’s average weekly income if they are considered temporarily disabled and cannot work until they have recovered from the workplace injuries suffered
• If an employee suffers injuries that will prevent them from ever returning to their current job or role, but they could work in another capacity, they can be considered permanently partially disabled and receive long-term payments as well as possibly qualify for paid vocational training to assist in securing a new career or job

There are specific criteria that must be met for a worker to use the Worker’s Comp program. It begins with you reporting the injury incident to your employer as quickly as possible. In most cases, the worker will contact their boss or employer immediately to ensure they can seek medical care quickly and have it covered by Worker’s Comp. In turn, the employer must reach out to the Worker’s Comp program to report the injury. This facilitates a less complex process for the employee, who will typically tell the medical care provider the services are being covered by Worker’s Comp, who will pay them directly. It eliminated the need for out-of-pocket payments from the injured worker.

In fewer cases, the employer does not immediately contact the employer to report the injuries. Some might appear minor, or the nature of the harm could be cumulative instead of an accident. In these instances, the injury must be reported to your employer within 30 days of the incident for a claim to be processed with Worker’s Comp. Once this happens, you have one year to file a claim for benefits with the program. The only exceptions to the one-year time limit are:

• Injured federal employees who are working in California have three years instead of one to file their claim because the federal guidelines supersede the California time limit
• In cases involving cumulative injuries, such as harm or injuries sustained due to repetitive motion required by your job, the claim must be filed within a year of first being diagnosed with the work-related cumulative injury or a year from the first day of work missed because of the cumulative harm caused by your job and work requirements
• If the worker suffers injuries that leave them incapacitated, such as in quarantine or a coma, they can later seek an extension of the time limit to file a Worker’s Compensation claim. Each case will be reviewed, and extensions will be based on the findings and situation.

If you are facing hardships getting coverage under Worker’s Compensation for an injury, you feel qualifies for benefits. Please do not hesitate to contact DTLA Law Group today to discuss the case with a skilled Worker’s Comp lawyer.

Making a claim with Worker’s Comp can become more complex if you have left your job. It is certainly worth speaking to a DTLA Law Group Worker’s Comp lawyer to learn more about the intricacies of these claims. The reason you left your job can impact the speed at which the case moves forward and if you receive benefits for the harm you suffered.

If you quit your job after suffering the injury, there is rarely any challenge in securing your benefits. It can be helpful to notify your previous employer of the claim being filed to speed up the process. But if you were laid off or fired before filing your Worker’s Compensation claim, you could face challenges. It is common for these cases to be filed by an employee who is seeking a way to punish their previous employer for firing them or laying them off. But if you suffered a genuine injury, the staff at DTLA Law Group will work diligently to ensure you get the complete benefit owed to you for the harm you suffered.

If you were fired from your job before filing your claim with Worker’s Comp, you can expect the employer to use the Post-Termination defense to prevent you from getting benefits. In these cases, the employer will claim the employee was not injured, they were not notified of the injury, or that the employee is only filing the claim to seek money because they were fired. The employer basically reflects this as a fraudulent claim and means of trying to punish them for firing you.

Please understand that DTLA Law Group Worker’s Comp lawyers have faced countless less than reputable employers who try to prevent employees from securing the help they deserve. Our staff will never give up on your claim until you have the compensation owed to you to allow you to overcome the hardships caused by your workplace injuries.

The value of your worker’s compensation benefits will be determined based on the income you lost due to your injuries, the medical expenses incurred, and compensation awarded for any long-term or permanent disability. The value of vocational training will also be included in the benefits package if these services apply to your claim. Your DTLA Law Group lawyers will be able to provide more information on the cash amount you could receive once they have reviewed the facts of your case at your free consultation.

The severity of your injuries and the time needed to fully recover or make as complete a recovery as possible will significantly impact the time needed to complete your claim with Worker’s Comp. Only after you have completed the recovery process will it be determined if there are lifelong challenges or disability issues that must be compensated to complete your claim.

At DTLA Law Group, we are ready to work tirelessly to protect the rights of injured workers and help them secure any compensation owed to them by Worker’s Compensation. We have seen the devastating results of medical expenses and lost income due to workplace injuries that are not properly reported and claimed with this program. Please know that when you contact the experts at DTLA Law Group, we will focus on nothing but your well-being and best interest to ensure you get the compensation and help that is owed to you after becoming a victim of an on-the-job injury.

Our staff can be reached 24/7 to assist you with filing your claim and getting the medical care you need for the most favorable outcome possible. Please do not wait to contact our team. Let us help you get the care and financial assistance needed to overcome this painful and upsetting injury.

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