Pacific Workers' Compensation Law Center - June 2020

Pacific Post June 2020

Filing a Workers’ Comp Case After Termination From Employment

So many people will work through the pain of an injury because they don’t want to risk losing their job. Then, it happens: You get terminated, laid off, furloughed, or the company closes its doors. These cases are known as “post-term” cases. But don’t worry, you can still file a claim for workers’ compensation benefits. When you report an injury after receiving a notice of layoff or termination, your employer and/or insurance adjuster may try to tell you that you are barred from receiving workers’ compensation benefits because your claim is being reported “post-termination.”This is usually fearmongering and a misrepresentation of the law. It is true that California Labor Code section 3600 states that when a claim for workers’ compensation is filed after notice of termination or layoff and the claim is for an injury occurring prior to the time of notice of termination or layoff, an individual cannot collect benefits. However, there are many exceptions.

In the case of cumulative trauma, the last date of injury exposure is subsequent to the date of the notice of termination or layoff

manner discriminate against any employee because he or she has filed or made known his or her intention to file a claim for workers’ compensation benefits. If your employer is found to have engaged in unlawful conduct under Labor Code Section 132a, then you may be entitled to reinstatement and monetary compensation, including back pay, penalties, and interest. Remember, when you are communicating with your employer or insurance adjuster, put it in writing! Pacific Workers’ Comp is the leading workers’ compensation law firm in Northern California, representing first responders, health care workers, delivery drivers, restaurant workers, retail workers, and construction workers in their fight for justice against the insurance companies. If you’re facing injustice because of a workplace injury, then give us a call today.

How do you properly give notice to your employer?

Normally you are supposed to complete a DWC-1 claim form; however, sometimes that is not possible. Sometimes, you are unable to complete a DWC-1 form because you are injured and incapacitated or because your employer simply will not provide you with one. Your employer has sufficient “notice” if they knew or should have known of your injury. Did your boss or manager see the injury happen? Maybe someone else was injured at the same time and said something. If you were terminated or laid off following an injury, then you may also be a victim of discrimination and retaliation. Under Labor Code Section 132a, it is unlawful for any employer to discharge, threaten to discharge, or in any

You are eligible to receive workers’ compensation benefits if:

Your employer had notice of the injury prior to the notice of termination or layoff Your medical records, prior to the notice of termination or layoff, contain evidence of the injury The date of injury is subsequent to the date of the notice of termination or layoff but prior to the effective date of the termination or layoff

– The Lawyers For Injured Workers

510-240-8710 • 1

www.pacificworkers.com

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