Can You File for Workers’ Comp After Leaving a Job?
- Posted on: Jun 23 2020
If you leave your job and then determine that an on-the-job accident was responsible for the pain and injury you’re suffering, can you file for workers’ comp? The short answer is that yes, you can file for workers’ compensation after you’ve quit, were laid off, or were fired. However, there are some complications that make the process a little different and more difficult than it would be if you were still working for that employer.
Why File Workers’ Comp After Leaving the Job?
Normally, you would file for workers’ comp as soon as the injury occurs. However, there are a couple of cases where you may not realize that you’ve been seriously injured. Sometimes, injuries that seem minor can become much more serious. This is why it’s so important to get checked out by a medical professional. However, there are some conditions that don’t show up for weeks that even experienced doctors won’t be able to detect.
The other type of injury that you may not notice right away is a chronic condition that developed over time. For example, you might learn that your wrist injury was due to the repetitive motions you made at your last job. It’s not uncommon for these types of cumulative injuries to only show up months or even years after you left the job that caused them.
Understand the Deadlines Involved
If you fall and immediately realize you’ve been injured on the job, you can begin the workers’ comp paperwork right away. Because there’s no time where you didn’t know you were injured, you typically only have about 30 days from the time of the accident to file your claim. With chronic conditions, however, the clock doesn’t usually start until your doctor makes you aware of the problem. The time limit is often different, too. You may have as long as two years to file your claim.
You Must Have Strong Medical Evidence
The most difficult part of this process is having clear, strong evidence that your injuries were caused by the work you did at your former employer. You’re going to need medical reports, witness statements, and more. Many companies will try to place the blame on something you did after you left their employment. Proving otherwise can be an uphill battle.
That’s why you need experienced workers’ comp doctors on your side. Contact the team at Maximum Orthopedics today to begin working on your case.