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Can You Collect Workers’ Compensation After Being Fired?

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Posted By DAM Firm | January 18 2024 | Workers' Compensation

Individuals in California are almost certainly able to recover workers’ compensation benefits after sustaining an injury on the job. However, what happens if you get fired after you sustain your injury? Will this affect your workers’ compensation benefits in any way?

Can You Collect Workers' Comp After Being Fired

Fired or Not, You Should Receive Your Compensation

Individuals who sustain on-the-job injuries in California almost certainly have the right to recover workers’ compensation benefits. However, it is not out of the realm of possibility for a person to lose their job after sustaining A workplace injury, which could complicate the process of recovering workers’ compensation benefits.

Individuals can lose their jobs due to a variety of reasons, and it is not surprising that some individuals are terminated after sustaining an injury in the workplace. Sometimes, termination coinciding with the workplace injury is simply a coincidence, meaning a person would likely have lost their job regardless of whether or not they sustained the on-the-job injury.

However, there are also times when individuals are terminated as a form of retaliation for either sustaining an injury or reporting the injury. This is illegal and considered a form of retaliation.

No matter why a person is terminated after sustaining a workplace injury, they will still be able to recover workers’ compensation benefits if they would have been entitled to them while employed. Workers’ compensation benefits must be paid, including coverage of medical expenses, regardless of how long a person needs medical care after their employment ends, so long as the treating physician determines the care is necessary.

Individuals will continue receiving workers’ compensation benefits until the treating physician determines they have reached maximum medical improvement (MMI), which is when a doctor determines that a person has recovered as much as they can with treatment.

Legitimate Reasons for a Workers’ Comp Denial That Could Also Lead to Termination

There are various reasons why a workers’ compensation claim could legitimately get denied by an employer or the insurance carrier, and some of these reasons also coincide with “fireable offenses.” In the following situations, an individual may lose their job and not receive workers’ compensation benefits:

  • The injury did not happen at work
  • The employer was not notified of the injury within the required time frame
  • The employee was intoxicated at the time the incident occurred
  • The injury occurred due to horse playing in the workplace

We want to point out that just because an insurance carrier or an employer says your claim is denied or that you have been terminated does not mean you have no rights. You should always check with an attorney after these types of situations arise to make sure that you are treated fairly and that you receive any compensation owed to you.

Speak to an Attorney for Help

If you or somebody you care about are struggling to recover workers’ compensation benefits after sustaining an on-the-job injury, we encourage you to reach out to an attorney immediately. A San Bernardino workers’ compensation lawyer can help you with every aspect of your claim. This includes conducting an investigation into the incident and handling all communication with other parties. If you were terminated, you still have the right to recover your legally protected workers’ compensation benefits.

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