Can I File Workers’ Comp Claim Against a Previous Employer?
It’s not uncommon for people to be injured while working for an employer, leave the job, and then for the symptoms to manifest. Another common scenario also happens when a person felt effects while still working with their employer but weren’t diagnosed until they were already working at a new place. Can a person still file a workers’ compensation claim against the previous employer in these cases?
The short answer is yes. But, it can be complicated. Workers’ comp claims filed against previous employers are often denied. Obtaining legal representation will increase your chances of prevailing. Read below for more information.
Reasons to File a Workers’ Comp Against a Previous Employer
Many people who file a workers’ comp claim fall within two general categories. Of course, every situation is different. If these situations don’t apply to you, it doesn’t mean that you can’t file a workers’ comp claim after you’ve already left the job.
- You experienced an on-the-job injury that seemed minor. At the time, you didn’t know what was wrong. You left the job either because you were laid off, fired, or quit. With time the symptoms worsened. After you found new employment, you were diagnosed. An example of an on-the-job injury can be a slip and fall. At the time, there was no pain. However, over time, you realized an intense back pain that developed. After medical treatment, the full spectrum of the injury was discovered.
- You suffer from a chronic condition, like an occupational disease or cumulative injury due to previous work. Examples of these are Carpal Tunnel or Tennis Elbow. It is common for cumulative trauma injuries to develop slowly and with time. Symptoms like these usually appear after people have already left the job that caused it.
In either scenario, those seeking workers’ comp claims may have difficulty getting approval.
Workers’ Comp Eligibility
Your injury or illness must be work-related to be eligible for workers’ comp in California. That means that injuries must “arise out of and in the course of employment. Generally, the law requires that your injuries or illness result from doing your job or because of your job.
In addition to the work-related requirement, people in California have a time limitation to file for a work-related injury. Typically, it is within 30 days of becoming aware of the condition. Form DCW-1 must also be filled out and submitted to your employer within 30 days. The form serves as a written notice to the employer.
For one-time injuries, like a fall, 30 days is usually measured from the date the incident happened. When the 30 days are missed, insurance companies may deny those claims claiming they were untimely.
Chronic or cumulative conditions are different. This is often measured by a diagnosis from a doctor. Usually, the time period doesn’t start until you first discover the medical conditions.
Meeting Deadlines After You’ve Already Left the Job
If an employee has left the job, it can make complying with the after 30 day period more complicated. You must present substantial evidence to show that your previous employer caused your current injury.
Many times, this can be difficult to prove. Most often, insurance companies deny workers’ comp claims filed by ex-employees. They usually assert that the previous job wasn’t the main reason for the injuries. Insurance companies also like to claim that a new activity or job is responsible for the injury or illness. This makes evidence documenting the injury so crucial in these cases.
If your injury was discovered after leaving a job, you should still file a workers’ comp claim. Notify your previous employer immediately about the work-related injury or illness. Also, ask your previous employer about the steps you should take in finding a medical provider. You can get a medical opinion to substantiate the injuries or illness. Even if the insurance company denies the claim, you can and should appeal it.
It’s also worth stating that you can file a workers’ compensation claim or appeal in California within one year from the date of the injury or illness.
Hiring an Attorney
Speaking with an attorney familiar with navigating the system is extremely helpful. We can anticipate arguments from the insurance company. We can also help gather compelling evidence to prove a work-related injury. Sometimes, that means getting a second medical opinion from another doctor.
With over thirty years of dedicated and results driven experience, our attorneys possess the skills and knowledge needed to handle extremely complex legal & insurance issues typically associated with workers’ compensation claims throughout California. With a proficient legal team on your side, you will be able to focus on making a full recovery.
At Castillo & Associates, we have offices conveniently located throughout Southern California in Los Angeles County, Inland Empire, Coachella Valley, and the San Diego area of Mission Valley. We are Bilingual attorneys and have over 33 years of combined experience in Workers Compensation claims as well as personal injury law.
To schedule a free consultation, call 1 800-497-9774. We have recovered over 300 million dollars in compensation for our clients to date. We can help you determine your options and guide you further in each step of the process. Our experienced attorneys at Castillo & Associates can help you gather any evidence you may need to get the maximum benefit possible.
Attorney Domingo Castillo handles workers’ compensation, personal injury, family law & immigration throughout Southern California from our 5 offices: Indio, Pomona, Riverside, San Diego & Cathedral City. We help clients file injury claims, obtain residency & citizenship, and we assist families through divorce, child custody and all family law matters.
