Workers' Compensation For A Job You No Longer Have
If you're injured on the job, your ability to file a workers' compensation claim is not necessarily connected to your employment status. As a result, it is possible to file a claim for your injuries after you are no longer working with the company. However, when you do have the option, there are some important considerations to keep in mind.
Termination Vs. Resignation
A major hurdle that people face when they file workers' compensation claims for a company they no longer work for is suspicion. In instances where the person quit their job, it's normal for the claim to be securitized, but when the employee has been terminated, the level of scrutiny intensifies.
However, it's important to remember that the truth is the truth, and if you were injured while you still worked for the company, whether you were fired or not, you deserve to have your claim heard. It's just important to recognize that the employer might try to create more hurdles for you to pass over. But don't be discouraged, and remember that a claim for workers' compensation is a legal right.
Keep in mind that every state has a clause in place that outlines how long a worker has to file a workers' compensation claim. Within this time allotment, you are required to notify your former employer of the injuries and file a formal claim. You are not required to finalize the claim within this period.
On average, this time frame is somewhere around 30 days, but you should check your local laws for specific information in your area. Ideally, you want to notify the employer of the injury as soon as possible. You should be able to contact the HR department with your claim since you are no longer working with the company.
Payments for workers' compensation are intended to provide assistance for any financial losses that the employee is experiencing as a result of their injury. If you are now employed by another company and earning comparable wages, even with your injuries, your former employer might not be required to provide compensation or only have to pay a portion of what you would typically be awarded.
The reason for this reduction or denial of benefits would have to be the result of the employer arguing that you have gained suitable employment, even with your injuries. However, if you are earning significantly less, it should not have as great an impact on your compensation.
If you were injured on a job that you no longer have, now is a good time to speak with an attorney. Contact law firms like the Weathers Law Firm, LLC, for more information.