Can You File a Worker’s Comp Claim After Being Terminated?

On Behalf of Rosenthal, Levy, Simon & Sosa | June 14, 2022 |

Florida workers’ compensation insurance laws can be tricky to navigate. But filing a workers’ compensation claim after being terminated can be trickier to navigate. If you have been injured while working at a job and then got terminated, you may or may not be able to file a workers’ compensation claim depending on your unique circumstances.

Potential Barriers to Filing a Workers’ Compensation After Being Terminated

If the injury you sustained qualifies for workers’ comp insurance and occurred while you were at work or when you were still employed by your former employer, you may still qualify for workers’ compensation benefits after you have been terminated. Not being a current employee is not the main issue. The primary issue, in this case, is the amount of time that has elapsed since your workplace injury. In Florida, eligible employees must file their workers’ comp claim within 30 days of sustaining an injury.

Failing to notify your former employer within 30 days of getting injured may result in losing your right to file a claim. It is important to provide this notice right away, and you don’t have to file a formal report unless there’s a contract stating otherwise. For instance, if you informed your employer or supervisor about the injury or a coworker witnessed the incident and reported it, this will suffice as notice.

On the other hand, you should know that insurance providers are generally suspicious of workers’ comp claims that are filed after a worker has been terminated. They usually see such claims as an attempt to receive more money or as retaliation for getting terminated.

To ensure that you have a solid workers’ comp claim, you will need evidence to prove that you suffered the injury at work before you were terminated. Evidence can include your medical records, testimonies from coworkers, or videos from surveillance cameras. It is important to document everything, tell someone at work what happened, and seek medical attention right away. If you do not, it can create obstacles to obtaining benefits.

Consult with a Skilled West Palm Beach Workers’ Compensation Lawyer

Some employers (or their attorneys) are well versed in workers’ compensation laws and are probably banking on the fact that their employees may not be. Because of the complex nature of workers’ comp rules, you must notify your employer immediately after getting injured, file your claim right away, and discuss your claim with a West Palm Beach workers’ compensation lawyer if you’re having any issues or have concerns about your claim.

Your lawyer can help you better understand how the rules apply to your specific case, how you prove your injury occurred at work before you got terminated, and whether your claim qualifies for exceptions. If you have any questions about your situation or believe that you have a valid workers’ comp claim, contact Rosenthal, Levy, Simon & Sosa at 561-478-2500 or online to set up a free case review with our West Palm Beach workers’ compensation lawyer today.