When most people think of workers’ compensation claims, they typically assume that the worker is still employed. While this is usually the case, some injuries don’t become apparent until after the employee has been terminated. In certain instances, an employee can receive workers’ compensation benefits after being fired. Read more below and visit this website for details.
When Can a Former Employee Receive Workers’ Comp Benefits?
It is often difficult for a hurt employee to get workers’ comp after termination. To receive benefits after being fired, the person must prove several elements, including:
* an actual disability or physical injury;
* the injury must have occurred during the course and scope of the job; and
* the injury would not have occurred if not for the position.
The circumstances surrounding these cases are complex, and workers should hire legal representation before pursuing a former employer.
Defenses to Workers’ Comp Claims
Because injured workers must prove that an injury happened on the job, but it didn’t appear until after termination, the employer and the insurer have many possible defenses, including those listed below.
* The injury wasn’t compensable by statute.
* The injury didn’t happen within the scope of the job.
* Too much time went by between termination and the injury’s appearance.
* The injury was due to the employee’s intentional behavior.
While workers can benefit from the representation of a workers’ compensation attorney in Nassau County, NY, employers can hire attorneys to defend themselves against litigation by former employees.
If a worker can successfully prove that they should receive workers’ comp benefits after a firing, they can usually recover the cost of disability and medical expenses, court costs and attorney’s fees, vocational rehab expenses, employer penalties and interests.
Does an Injured, Terminated Worker Need a Lawyer?
If a person is fired and has a work-related injury that they believe makes them eligible for workers’ compensation, it is best for the worker to consult a workers’ compensation attorney in Nassau County, NY. Issues surrounding the injury’s occurrence and manifestation are complex, and only the Law Office of Steven R. Smith can explain issues and help the worker recover the benefits to which they are entitled.