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?
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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.
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