Workers’ Compensation Claim after Termination
If the employee received compensation claims before his termination, he would still receive them after the termination. The employee would continue to receive the compensation claims until the limit has been reached or if the doctor gives him the go-ahead to work. If one of these two things happens, the employee will no longer be on the list.
However, In California, an employer can reject an employee’s compensation claim if the employee fills it out after the termination of employment. The rule is known as post-termination defense. It protects the employer from bogus work-related injuries or claims after their recent termination.
To protect the rights of employees, the state of California has introduced a post-termination claim form. The employee must fill that out to apply for a worker’s compensation claim. In this form, he would have to prove the following conditions.
- The employer knew about the workplace injury before firing the employee.
- The injury was due to repetitive mentally or physically traumatic activities in which the employee was indulged at the workplace or,
- The employee got the injury after being fired, but before his last day at work.
- Any medical records the employee has that show the injury happened before termination.
You may be entitled to worker’s compensation. Insurance companies are in the business of making money and not providing insurance; they’ll try their best to fight your claim so they can avoid paying insurance claims. Employers will try their best to dodge your compensation case and save themselves from paying or shaking you off with an inadequate amount.
To fight all these people along with your injury, you would need someone on your side. Who can ensure you get the most deserving claim and workers’ compensation benefits? We have discussed some of the most common instances where you must consider hiring a worker’s compensation lawyer.
You have a Pre-existing Medical Condition.
Suppose you already have a medical history related to workplace injury. In that case, you must hire and consult with a worker’s compensation lawyer, as your employer might use this as an excuse to deny claims. Even if it’s not true, they might argue that your current injury is because of your underlying medical history. Your employer and the insurance company may twist facts to connect the workplace accident to your medical history and veil any connection that connects your workplace accident and injury. Let us assure you that having a medical history does not make you ineligible for compensation claims.
Legal paperwork and documentation are confusing and overwhelming for most people. Plus, making a mistake in your paperwork can give your employer an edge that they can utilize in declining your benefits. Your slight mistake can cause you hundreds of dollars. It is why it is necessary to let a practicing attorney handle all your legal matters regarding compensation and benefits.
Plus, anyone unrelated to the law or the legal sector may have limited information and knowledge about changing policies and regulations. But on the other hand, a worker’s compensation lawyer will be up to date with the procedures and guidelines. Furthermore, your worker’s compensation attorney could call in the employer’s and insurance company’s bluffs, as he would have all the documents or could subpoena them. It would weigh the scale in your favor. An attorney can also help you greatly if your employer’s revenue cycle management is outsourced, as you wouldn’t be able to get the details easily, but an attorney might, by establishing proper precedence.
Your Benefits keep on Postponing.
Many insurance companies and employers delay compensation and exaggerate the process, hoping they would get out of it without paying. Employers often show that the process is taking too long to process, but with the help of a professional attorney, you can get involved and see for yourself what is going on? Also, an attorney can help you fasten the process if the employer or the insurance company delays your benefits without a legal or valid reason.
You’re not getting a Sufficient Amount.
Oftentimes, insurance companies and employers shirk their duties regarding long-term employee compensation by offering you a chunk amount. Although receiving a lump-sum offer seems enough and alluring, it may not be what you deserve. Your worker’s compensation attorney can help you remind your employer of their financial obligations to you and helps in Work Comp Lien Collections.
Moreover, an effective and efficient attorney can get you a better deal, whether a chunk amount at once or small amounts throughout the year. As a practicing worker’s compensation attorney who deals with this kind of matter on an everyday basis, he knows what is the right amount for you.
Denial of Compensation
Employers often deny the workplace incidents or that the accident didn’t happen on the workplace premises. They also give you lame reasons and evidence to support their cause and prove that the injury never occurred in the workplace. A worker’s compensation lawyer can help you establish and show a link between your injury and your profession. Because if you fail to provide a proper connection between your work and your injury, insurance companies can deny your benefits.
If You want an Airtight Contract
Let’s say you’ve got your employer agreed to pay your compensation and other benefits, and now it’s time to draw up a contract. You might think that you did a great job and got your company to pay compensation, but you don’t know that they may add hidden clauses in the contract that might favor the scales in similar situations in the future. Generally, the party drawing the contract adds hidden clauses that would favor them in future incidents. And you might not be able to detect loopholes in the agreement, but a professional attorney can help you ensure the contract is airtight.
Even if you think you can get your employer to compensate you, we highly encourage you to get a professional on board. Spending some amount on an effective attorney is better than regretting the decision.