Combating Post-Termination Workers’ Comp Issues

Posted by William Bibb | Sep 29, 2016 | 0 Comments

Pursuing a California workers' compensation claim can be challenging enough, especially when you are dealing with a serious work-related injury or illness. The claims process can be even more difficult in cases where you have already been let go from your job position. The Law Offices of William C. Bibb has handled a number of workers' comp cases revolving around post-termination issues.

In order to understand some of the issues that relate to post-termination workers' compensation benefits, it is helpful to first acknowledge why current guidelines exist and how they function. WorkCompCentral  provides an overview of post-termination considerations in regards to filing for workers' compensation benefits. The workers' comp post-termination clause was created by the legislature in an effort to protect businesses in the early 1990s. The business lobby raised concerns over mass filings for workers' comp benefits in situations where mass layoffs took place. The clause was intended to protect businesses against unanticipated expenses. What has ended up happening in many cases, however, is that employers terminate or layoff employees after they are injured and before they are able to file workers comp claims.

Generally speaking, California Labor Code guidelines stipulate that an injured person is not entitled to workers' comp benefits from his or her employer in the event that he or she is issued a notice of termination or layoff prior to filing a compensation claim for injuries that occurred before receiving his or her notice of termination.

Several conditions for the allowance of post-termination workers' comp benefits do exist. The most compelling condition for compensation is that the employer did, in fact, have notice of the employee's injury prior to issuing his or notice of termination or layoff. Another important factor that is taken into consideration in such cases is whether or not there is a preponderance of evidence supporting the fact that the employee injury in question did occur before he or she received a notice of termination or layoff.

Effectively proving that your employer was aware of your work-related injury prior to issuing your notice of termination or layoff can make the difference in securing the workers' compensation benefits that you need. Call the Law Offices of William C. Bibb to talk about your work-related injury and post-termination concerns today.

About the Author

William Bibb

Educational Background: B.A. Psychology UCLA, 1972 Juris Doctor, Southwestern University, School of Law 1977 Advocacy College, California Trial Lawyer's Association Birth Injury and the Law, Los Angeles County/USC Medical Center/Loyola University School of Law California Specialization Course for Workers Compensation, USC Law Center Use of MRI Scans in Proving Causation in Birth Injuries


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Law Offices of William C. Bibb

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