You might think that you cannot expect to be approved for workers' compensation benefits from a former employer, but it might be possible. Workers' compensation coverage under any circumstances is not guaranteed, and trying to get benefits after you've been fired or quit a job can be extra challenging. Read on to find out more.
Requirements for Coverage
The rules for workers' compensation coverage require that you be injured while on the job or as a direct result of a work-related task. You don't have to be at work, but the incident must be connected. For example, you might be covered for a trip across town to purchase office supplies if your supervisor asked you to run the errand.
Injured on the Way Out
What "injured on the way out" means is that you must be able to show that the accident occurred before you left your job, and that can be difficult. If you knew you were injured and failed to act during the course of your employment, your claim might be denied due to your failure to file a claim in a timely manner. If you file right away, your chances of being covered are better than if you wait several weeks. If you did not realize that you were injured until after you left your job, you will need to do your best to assemble proof of the injury or illness.
Showing Proof of the Injury
The usual ways of assembling proof of an injury and filing a claim might not be readily available after you leave your job. Often, a good workers' comp claim offers co-worker witness statements, supervisory input, video footage of the accident, and more. You may be placed in an awkward position when gathering proof of your injury—even if you left your job on good terms.
Time Limits for Reporting
In some states, you only have a limited time to report an injury or file a claim. It should be mentioned, however, that if you told your supervisor about the injury or mentioned it to a coworker—even if you did not file a claim—you may be found within the time frame for reporting.
Exemptions for Time Limits
One common type of injury that can fall into the category of needing to file a claim after you've left the job is that of a cumulative injury. Occupational illnesses that are the result of your job may not become apparent until after several months or years have passed. The time limit for filing on these types of claims begins the moment you have medical proof of a work-related disorder. Some of these include:
Regardless of your injury, speak to a workers' compensation attorney for help with denied claims. You are entitled to be paid for any injury that resulted from your time on the job whether you still work there or not.
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