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Let go from job but need to file workers comp claim - can I do this?

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TT33

Junior Member
I live in Northern California and was recenlty let go from my job. I asked the company to file a workers comp claim on the same day I was let go. I am worried the company will not accept it due to my no longer being an employee. I did not get any official forms to sign, but I did speak to the person who handles these claims in our comapny and she said she will file a claim on my behalf. I am planning on following up by sumbiting a form I found online and bringing it directly to HR. I am concerned that they will say I am only filing this claim because I was let go, however, I have an email that I sent to my manager a couple of months ago where I told her I was experiencing discomfort and pain. She asked me to bring a doctor's note, which I did a few weeks ago and the company ordered an ergonomic evaluation. They did not file a claim and I did not file other either because I was afraid that since i'd only been with the company a few month, it would not look good. But now I have no reason not to file it.

The other problem is that I have an injury (also my wrists) from a previous employer (2 jobs ago) that I am sure they will say contributed to this injury. Even know I have a chronic codition, the nature of the work can and does make it worse. But again, my biggest concern is that they won't accept my claim due to the fact that I was let go.

I was offered a severence package where I will continue to be on the payroll for another 4 weeks and therefore am technically still an employee, but do not need to come to the office. In order to get this benefit I need to sign a release but I'm worried that if I do it will take away my right to file a worker's comp claim.

Thank you!
 
Last edited:


cbg

I'm a Northern Girl
I was offered a severence package where I will continue to be on the payroll for another 4 weeks and therefore am technically still an employee, but do not need to come to the office.

Well, no, actually it doesn't mean that. It means that you are a former employee who has accepted a severance package.

In order to get this benefit I need to sign a release but I'm worried that if I do it will take away my right to file a worker's comp claim.

Your right to file a workers comp claim is statutory. You cannot sign it away.
 

TT33

Junior Member
I was offered a severence package where I will continue to be on the payroll for another 4 weeks and therefore am technically still an employee, but do not need to come to the office.

Well, no, actually it doesn't mean that. It means that you are a former employee who has accepted a severance package.

In order to get this benefit I need to sign a release but I'm worried that if I do it will take away my right to file a worker's comp claim.

Your right to file a workers comp claim is statutory. You cannot sign it away.
Thank you!
 
I live in Northern California and was recenlty let go from my job. I asked the company to file a workers comp claim on the same day I was let go. I am worried the company will not accept it due to my no longer being an employee. I did not get any official forms to sign, but I did speak to the person who handles these claims in our comapny and she said she will file a claim on my behalf. I am planning on following up by sumbiting a form I found online and bringing it directly to HR. I am concerned that they will say I am only filing this claim because I was let go, however, I have an email that I sent to my manager a couple of months ago where I told her I was experiencing discomfort and pain. She asked me to bring a doctor's note, which I did a few weeks ago and the company ordered an ergonomic evaluation. They did not file a claim and I did not file other either because I was afraid that since i'd only been with the company a few month, it would not look good. But now I have no reason not to file it.

The other problem is that I have an injury (also my wrists) from a previous employer (2 jobs ago) that I am sure they will say contributed to this injury. Even know I have a chronic codition, the nature of the work can and does make it worse. But again, my biggest concern is that they won't accept my claim due to the fact that I was let go.

I was offered a severence package where I will continue to be on the payroll for another 4 weeks and therefore am technically still an employee, but do not need to come to the office. In order to get this benefit I need to sign a release but I'm worried that if I do it will take away my right to file a worker's comp claim.

Thank you!
You needn't worry about losing your rights to a Worker's Comp. claim because you were terminated before actually filing one, because you can document actual notice to your former employer of a work-related injury prior to being terminated. Had you not documented the fact you were injured at work, you would lose your benefits due to a 'post termination' claim, unless you could convince the judge you were seeking benefits before you were terminated.

You need to get an Attorney who is well-versed in Workers Comp. Law to follow up on your work-related issues.
 

TT33

Junior Member
You needn't worry about losing your rights to a Worker's Comp. claim because you were terminated before actually filing one, because you can document actual notice to your former employer of a work-related injury prior to being terminated. Had you not documented the fact you were injured at work, you would lose your benefits due to a 'post termination' claim, unless you could convince the judge you were seeking benefits before you were terminated.

You need to get an Attorney who is well-versed in Workers Comp. Law to follow up on your work-related issues.
Thank you!
 

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