Can You Collect Workers’ Comp After Being Fired in Los Angeles, CA?

California workers have many protected rights because the state recognizes the vital contributions of its workforce to the state infrastructure and economy. Because of that, California strives to protect its workers and their ability to provide for themselves and their families. Workers’ compensation is one of the many areas that help provide a solution for injured employees. However, if an injured employee is terminated, they may be left wondering if that is still an option.

Our team at Shirazi Law Firm, PC, hopes to provide you with the answers you need so you can easily navigate the complicated workers’ compensation process long after your final paycheck.

Workers’ Compensation

Workers’ compensation is a benefit that is guaranteed to employees throughout the state should they suffer an injury as a result of completing their duties at work. This could be from a workplace accident, a communicable disease, a repeated action causing long-term muscle or joint strain, and much more.

When an employee discovers the injury, they have a right to seek compensation for any medical treatment they may need or any missed wages as a result of time away from work to recover.

Because some of these injuries take time to reveal themselves, employees may no longer work for the employer responsible, either through resignation, wrongful termination, or separation. However, that does not mean the employee is left without options. Regardless of the employment status with the company, you have the right to seek compensation for certain expenses as a result of the injuries you suffered while on the job.

How Employers Fight Workers’ Compensation

Unfortunately, many employees are left with their injuries after their employment has ended. This makes filing a workers’ compensation claim more difficult but not impossible. Ways the employer tries to avoid the responsibility for such claims is to claim the employee received the injuries after their employment, the employee was injured elsewhere, or the employee did not report the injury during their time of employment.

In any post-employment workers’ compensation claim, the burden of proof is left to the employee, which can be difficult. Without the right resources, proving that the injuries occurred during employment at a previous job can be seemingly impossible.

What Should You Do?

If you discover a post-employment injury, you should immediately have it examined by a medical professional. They can evaluate the injury and make a determination about how the injury may have occurred. If the injury can be reasonably understood to have occurred at work, your attorney can help put a claim together to try and recover the damages you may be owed.

However, the circumstances of your termination or resignation may play a role in the outcome of the case. If, for example, you were terminated because you violated a specific policy in the employee handbook, such as engaging in horseplay, working while under the influence of drugs or alcohol, or were negligent in behavior, you may have a difficult time successfully recovering the financial damages you were looking for.

Steps You Can Take

As with any claim, there are several steps you can take if you feel your previous employer is responsible for the injury or injuries you suffered.

• Notify your employer. Whenever you suffer from an injury at work, you should immediately report it. Any physical injury or sickness should prompt your employers’ protocols for reporting workers’ compensation. If you discover the injuries after your employment, you should still report them to your former employer.
• Put communication in writing. Any communication you engage in with your former employer should be handled through your attorney. Additionally, any information you send or receive to or from them should be put in writing.
• Hire a trusted attorney. An employment attorney may not seem necessary for a workers’ compensation claim because it is not a civil suit. Your attorney can help argue on your behalf to ensure you receive just compensation. They can help you with the filing process as well as answer any questions you may have. They can also help guide you through collecting the necessary evidence you may need for your claim.

While proving you are entitled to workers’ compensation from a previous employer can be difficult, it is not impossible.

FAQs About Workers Compensation

How Does Workers’ Compensation Work in California?

Workers’ compensation is a requirement for all employers in California. It is a type of insurance that they must purchase that helps to cover the medical expenses an employee may incur as a result of a workplace injury. Employees who suffer an injury as the result of performing their job have a right to certain protections while correctly performing those duties.

How Long Can You Get Paid From Workers’ Comp California?

The extent of each workers’ compensation claim will determine the extent to which an employee is paid this benefit; however, California maxes their compensation benefit at 104 weeks. After that time, the insurance will switch to permanent disability if the employer has that coverage. If they do not, the benefit will switch to Social Security.

What Is the New Workers’ Comp Law in California?

Previously, some sectors of employment were exempt from carrying workers’ compensation insurance, but 2023 saw the passage of a legislative bill that requires all licensed contractors, including those who do not have any employees, to carry this insurance by the year 2026.

What Happens if I Get Fired While on Workers’ Comp California?

In the event that you are on workers’ compensation and are terminated, you will not lose your benefit. You will continue to receive the benefit until it is no longer needed for your medical expenses or until you reach the maximum compensation. If you are permanently disabled, you could receive the benefit forever.