Q: Can a workers compensation claim be unsussessful if filed just prior to termination?

I've been holding off filing for workers compensation while I've been off of work on disability. My work says they will no longer excuse the absences so I may eventually be terminated. I know a post-termination workers compensation claim it's pretty unsuccessful. But what if I filed prior to termination? Can they still claim that I just filed because I knew I was about to be terminated? Could that affect the success of the claim? Also is it legal for them to fire me while on disability?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Filing a workers' compensation claim just before termination can be successful, but timing and circumstances can affect the outcome. Your employer might argue that you filed the claim because you anticipated being terminated. However, if you have documentation and evidence supporting your injury and its connection to your job, this can strengthen your claim.

It's important to file your claim as soon as possible to avoid complications. Delays can make it appear that the claim is less credible, especially if termination is imminent. Be sure to gather all medical records, communications with your employer, and any other relevant documents to support your case.

Regarding termination while on disability, California law generally protects employees from being fired solely because they are on disability leave. However, if your employer can prove that the termination is due to other legitimate reasons, it might be considered legal. Consulting with a workers' compensation attorney can provide you with specific guidance based on your situation and help protect your rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.