Workers’ compensation is one of the most essential and comprehensive benefits that exist for California employees, yet many people are unaware of the protections that are offered through this program. For example, many workers have the following question when they suffer bodily harm as a result of their job duties:
“Do I still have a right to workers’ comp benefits if I left my job?”
If the injured worker meets the eligibility requirements and follows the procedures for a workers’ comp claim under California law, they are entitled to benefits for a work-related illness or injury. If they are facing opposition from the employer, they may have grounds for a workplace violation claim, which we can talk to you about in detail during a free consultation. There is no need to go without the funds you deserve if you are seeking WC from a company or business you no longer work for. Contact our office and talk to a lawyer with experience in workplace injury cases.
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Benefits Provided by the California Workers’ Compensation System
A big part of understanding your rights has to do with the benefits that are available to you as someone who is eligible for worker’s comp. These benefits are accessed through your employer, who must be notified of the harm you suffered within 30 days of the event (an accident or diagnosis of injury). This will initiate a claim with the insurance company, who will determine which of these benefits you are entitled to:
- Medical coverage for any expenses related to your recovery from a work-related injury or health issue (hospital appointments, medical testing, surgery, prescriptions, occupational rehabilitation, etc.)
- Up to 60% (two-thirds) of your weekly wages (on average) to make up for lost wages
- If you are unable to return to work at all or find other employment due to the severity of your injury, you can receive permanent disability benefits.
- Supplemental job displacement benefits if you can be trained for a new line of work.
How Do I Start a Claim for Workers’ Compensation?
To ensure that you initiate a claim within the proper timeframe, report the injury or diagnosis of illness to your employer immediately, even though you technically have 30 days to do this. Your employer will require you to see a healthcare provider of their choosing (unless you pre-designated a doctor for work accidents and injuries). This is to show a clear link between your job and the harm you suffered, which becomes harder to establish the longer you wait to notify your employer.
Of course, there are situations where the employee is unable to report the injury right away. For example, cumulative use injuries like carpel tunnel syndrome, take years to develop. Thus, the employee has 30 days from receiving an official diagnosis to notify their employer and file a claim for workers’ comp. No matter what, it’s essential to keep in mind that you have 1 year from the date of injury / diagnosis to submit the claim forms and documentation required by the insurance company.
However, the one-year rule does not apply in the following scenarios:
- If you are working in California as an employee of the federal government, you are allowed up to 3 years to file a work-related injury claim.
- In the event you are incapacitated to the point where you are unable to file a claim (being in a coma, for example), you may have longer to seek benefits from the WC system. Extensions, however, must be approved on an individual basis.
If you are struggling to obtain the funds you legally deserve as an injured worker in California, don’t hesitate to give us a call. Our team of workers’ compensation lawyers look forward to hearing your story and fighting for your rights.
Can I Still Get Workers’ Comp if I Have Left My Job?
Yes, in many cases, those who have left their job are still entitled to payments from a workers’ compensation claim. But there are additional challenges that face workers who are in the claims process after leaving a job. For one thing, the cause of why you ended your employment is a critical factor in these cases.
If you voluntarily quit your job, the process of obtaining workers’ comp should be fairly straightforward. However, if you were fired by your previous employer, this can lead to increased scrutiny by the insurance company, as there are conditions under which a workplace injury claim is denied. You also come across situations where the employer is engaging in unlawful acts, like wrongful termination and holding up a WC claim out of retaliation. Legal advice is essential if you are dealing with these issues, which we are more than ready to provide you with here at Normandie Law Firm.
Post-Termination Defense for Workers’ Comp after Leaving Your Job
If you were terminated from your employment prior to filing a WC claim, it’s quite possible that the post-termination defense will be used by your employer to keep you from accessing benefits. Generally, the employer will come up with excuses, like the injury is not job-related, they did not receive notification of the injury within 30 days, or that the worker is filing a claim out of retaliation against the employer. In reality, many of these cases have to do with retaliation by the employer, especially if you were for asserting your rights under the California Labor Code.
We have seen far too many of these cases, and we will not stand by while employers attempt to cheat workers out of the compensation they deserve by law. As a victim of unlawful treatment by an employer, we urge you to contact us and learn about the legal actions that are available to you.
Help from a California Workers’ Compensation Lawyer
With a proven track record of recovery of behalf of injured workers, we know what is required to secure a successful resolution to a workers’ compensation case. Along with skilled representation, our law firm is ready to protect your finances with the Zero Fee Guarantee.
This is a policy where you, as the client, pay $0 towards the cost of legal fees. If we obtain your payment from a workplace injury claim, a percentage of the funds is deducted to cover the cost of representing you. Otherwise, you owe us absolutely nothing, since we don’t believe in getting paid if we fail to win your case.
If you are ready for a free consultation on your rights and legal options, contact our law firm at your earliest convenience.
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