Can You Collect Workers’ Comp After Being Fired?

Yes, someone can still collect workers’ compensation after being fired, but there are legal nuances for some injured workers. In California, workers’ compensation is a no-fault system, meaning that as long as the injury or illness occurred while performing work-related duties, an employee is generally entitled to benefits regardless of their employment status (ie: after being fired). However, specific circumstances, such as the reason for termination or the timing of the injury, can affect a worker’s ability for collecting workers’ compensation benefits.

Understanding Workers’ Compensation Eligibility

In California, employees who are injured or become ill as a result of their job are entitled to workers’ compensation benefits. These benefits are compensation that cover medical expenses of an injured worker, temporary or permanent disability payments, and job retraining if necessary. As aforementioned, workers’ compensation operates on a no-fault basis, so employees can receive benefits even if they were partially responsible for their injury, as long as it occurred in the scope of an on-the-job-injury.

A key point to consider for injured employees is whether the injury or illness occurred while they were still employed and if it was directly related to their job duties. Whether a former employee is fired, laid off, or voluntarily leaves a job, workers’ compensation benefits should still be available if the injury occurred while they were working.

Workers’ Compensation After Termination

It’s a common concern that an employer may try to deny workers’ comp medical benefits after firing an employee. However, under California law, an employee is still entitled to benefits if they were injured before being terminated. California Labor Code Section 3600 states that workers’ compensation benefits are available to employees regardless of fault or employment status.

Important Workers’ Compensation Laws & Considerations:

1. Injury Occurred Before Termination: If someone was injured before being fired, laid off, or resigning, a workers’ compensation claim should remain valid. The fact that someone’s employment was terminated does not affect the right to collect benefits.
2. Injury Occurred After Termination: If the injury happens after a worker was terminated, they typically cannot file for workers’ compensation unless the condition is related to an ongoing injury or exposure that began during their employment. For example, if they developed a repetitive strain injury (RSI) while on the job, and it worsens after their termination, they could still be entitled to claim workers’ compensation benefits.
3. Pre-Existing Workers’ Compensation Claims: If there was an open workers’ compensation claim before being fired, an employer cannot legally stop an employee’s benefits because they are no longer employed.
4. Disputes Over Claim Validity: If there is a dispute over the legitimacy of a claim, there may be challenges in securing benefits. For example, a former employer may argue that an injury occurred after termination, or that the injury was unrelated to work duties. In such cases, it is a good idea to consult with workers’ compensation attorney. The workers’ compensation lawyer team at Lawyers for Justice, PC has recovered over $1 million for California workers.

Retaliation for Filing Workers’ Compensation Claims

California law protects workers from being retaliated against for filing workers’ compensation claims. If an employer fired a worker because they filed a workers’ compensation claim, that is considered illegal under California Labor Code Section 132a. It is improper to discriminate against employees who file for workers’ comp.

If someone suspects a previous employer fired them because of a workers’ compensation claim, they can take the following post-termination defense:

• File a petition with the California Workers’ Compensation Appeals Board (WCAB). If the petition is successful, they may be entitled to additional compensation, including lost wages, reinstatement to your job, and increased benefits.
• Sue for wrongful termination in civil court.

Retaliatory termination is illegal and employees have strong legal protections when faced with employer retaliation. Call Lawyers for Justice, PC today for a free consultation.

What Happens to Your Workers’ Compensation Benefits After Termination?

If a worker is fired after filing a workers’ comp claim, their benefits should continue. Workers’ compensation benefits are handled by the employer’s insurance company, not by the employer directly. This means the insurance provider remains responsible for:

• Medical Treatment: Workers should continue to receive medical care for the work-related injury, regardless of employment status.
• Temporary Disability: If the injury prevents someone from working, they may still receive temporary disability benefits, even after being fired. Temporary disability benefits are paid until a doctor determines the victim is fit to return to work, or they have reached maximum medical improvement.
• Permanent Disability: If the injury results in a permanent impairment, victims may be eligible for permanent disability payments. These benefits can continue after termination if the injury has lasting effects.

The termination of employment does typically not absolve the insurance provider of its responsibility to pay for a work-related injury.

How to Protect Workers’ Rights After Being Fired

If a worker was fired and is concerned about their workers’ compensation benefits, there are steps to take:

1. Notify the Employer Immediately: Report the injury to an employer in writing as soon as possible. Delayed reporting can lead to complications with the claim.
2. Seek Medical Attention: Obtain proper medical documentation of the injury or illness. Keep records of all treatments and diagnoses related to the condition.
3. Consult with a California Workers’ Comp Attorney: If someone is fired or laid off after filing a workers’ comp claim, or if they face retaliation, they should consult with an employment attorney specializing in workers’ compensation law.
4. File the Claim Promptly: Be aware of California’s time limits for filing workers’ compensation claims. In general, one must file a claim within one year of the injury date.

Unfair Treatment and Workers’ Compensation

In some cases, employees may experience unfair treatment from their employer after filing a workers’ compensation claim. This can include reduced hours, demotion, or termination. If someone is being treated unfairly because of an injury or claim, they may have grounds to pursue legal action.

California law prohibits employers from retaliating against employees for exercising their legal right to workers’ compensation. If someone believes your employer is engaging in retaliatory practices, it is important to act quickly by documenting the actions and seeking legal advice.