Sacramento, CA asked in Workers' Compensation for California

Q: Can I still receive worker's comp if I quit my current job, and if I haven't filed my claim yet?

I have had multiple issues with my current job besides my injury and want to leave as soon as possible, but have not been able to file my claim due to falling ill during the deadline week. I just began physical therapy for my hand and am looking for new work. If I file my claim after quitting my current job, would I still be eligible to receive medical care, and would my previous employer still be held responsible for covering any medical care I need to recover?

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Post-separation claims ARE PRESUMED NON-COMPENSABLE so filing after quitting is the worst idea possible. It takes about 2 minutes to write and submit the Workers Compensation Claim Form (DWC Form 1); it's FREE on the internet and your portion is 9 lines. You just hand a copy to the boss OR Fax a copy to HR. YOu can scan it and email it too (albeit that takes more time and effort). Unless and until that Claim Form is in the hands of the employer, you are entitled to nothing. That evaluation and physical therapy you're getting? the bills all state the loss is NOT due to any injury at work (or they do not get paid), no matter what you told the provider verbally. It's time to talk to an experienced attorney (not the "TV" people, not the paralegal group, a real attorney) there in the central valley, get the claim form date and body parts nailed down to what you believe you can prove, get the signed Claim form to the Employer with PROOF they received it, and then you can leave if you wish. If the comp doctor writes you can return to modified duties and you cannot find work, you get no money because you left the employer, so you might have zero income while you recover if you leave the job near the time you file the claim.

Domingo R. Castillo agrees with this answer

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