Mass Layoffs in California: Can You Still File a Workers’ Compensation Claim After Being Laid Off?
Can you still file a workers' compensation claim after being laid off? Yes. Here's what to know.
California has been facing a wave of mass layoffs across various industries, affecting thousands of workers. Industries hit hard include technology, fast food, minimum wage workers, nurses, and food plant workers. These layoffs have created uncertainty and stress for many, particularly for those who were injured at work prior to their termination. A critical question arises: If you were injured on the job before the mass layoff, can you still file a workers’ compensation claim after being laid off?
Can You Still File a Workers’ Compensation Claim After Being Laid Off?
It is crucial to understand a few things when navigating this process. Here is what to know if you were wondering, Can you still file a workers' compensation claim after being laid off?
Understanding Workers' Compensation in California
Workers' compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. These benefits can include medical care, temporary disability payments, permanent disability benefits, and vocational rehabilitation. In California, the workers' compensation system is governed by the California Workers' Compensation Act, which ensures that injured workers receive the necessary care and compensation to recover and return to work.
Filing a Workers' Compensation Claim After a Layoff
The good news for laid-off workers is that California law allows you to file a workers' compensation claim even after being terminated, as long as the injury occurred before the layoff. The key law supporting this is California Labor Code Section 3600, which states that employees are entitled to workers' compensation benefits if the injury arises out of and in the course of employment.
Additionally, California Labor Code Section 132a prohibits discrimination against workers who file workers' compensation claims. This means that employers cannot retaliate against you for filing a claim, even if you are no longer employed with the company.
Steps to Take If You Were Injured Before a Layoff
- Report the Injury and Document Everything: Ideally, you report the injury to your employer as soon as it occurs. However, there are many reasons why you may not have been able to report the injury. Gather records of all communications, medical treatments, and any other documentation related to your injury and your employment. This is crucial as it establishes a record of the injury and its relation to your work.
- File a Claim: You have the right to file a workers' compensation claim even after being laid off. Complete the DWC-1 claim form and submit it to your former employer or their workers' compensation insurance carrier.
- Seek Medical Treatment: Continue to seek medical treatment for your injury. Your employer's workers' compensation insurance should cover your medical expenses if your claim is accepted or on delay for investigation. An attorney at SoCal Workers Comp can help refer you to the right doctor during this period, and even if your employer denies your claim.
- Consult an Attorney: Navigating the workers' compensation system can be complex, especially after a layoff. Consulting with a knowledgeable workers' compensation attorney can help ensure your rights are protected and you receive the benefits you are entitled to. The attorneys at SoCal Workers Comp only help workers who are injured on the job, and a free consultation with one will provide you answers.
Why You Should Act Now
So, can you still file a workers’ compensation claim after being laid off? As soon as you believe you are entitled to benefits, contact an attorney. It's essential to act promptly to protect your rights and secure the benefits you deserve. Delaying the filing of your claim can complicate the process and potentially affect the outcome. Remember, being laid off does not disqualify you from receiving workers' compensation benefits if you were injured on the job before the termination.
Get Help with an Experienced Attorney at SoCal Workers Comp
If you or someone you know was injured at work before a layoff, don't wait to file your claim. Contact SoCal Workers Comp today for a free consultation with one of our experienced attorneys. We are here to help you navigate the complexities of the workers' compensation system and ensure you receive the benefits you deserve. Call us now or submit a request for your free consultation.
Navigating the aftermath of a layoff can be challenging, but the right representation can make a significant difference. SoCal Workers Comp is on your side to help you secure the benefits you need to recover and move forward.
