Can I pursue an injury claim after termination? The injury occurred several years ago and has become worse over time.

Asked about 1 year ago - Westminster, CA

I fell off a ladder at work about 6 years ago. My arm hurt but was bearable for many years due to my work assignment. Once I was assigned to more physical duty my arm began hurting again. I never filed another claim on this I just worked through it and because I was a manager I could delegate any physical work when it was hurting. It began to hurt more and more over the last year. Again, I did not file a claim. I was in management and my performance is based on expenses, knowing what a claim could cost I did not file a claim. I have recently been terminated and the last 2 months I have not worked my arm has become worse to the point that I cannot even put on my bra. I contacted my former company and they denied a claim because it was after termination.

Attorney answers (4)

  1. Ruben Alonso Montoya

    Contributor Level 13

    5

    Lawyers agree

    Answered . You can file a Continuing Trauma (CT) injury basically stating that since you suffered first injury and worked through it you got injured daily to the point you are now. They will surely raise a post termination defense however they are harder to proof when there injury is a CT. I would consult with a WC attorney immediately to go over the facts of your claim. Good Luck!

    Information provided is not legal advice and in no way creates a attorney/client relationship. Therefore no... more
  2. Fernando Davin Vargas

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . It appears you cannot file a claim for personal injuries because your injury occured while you were within the course and scope of your employment. If the injury occured because of the negligence of a third party, it appears your statute of llimitations may have run. You do not provide enough information for me to properly address this issue. You should immediately consult with a lawyer that handles workers compensation matters; and with an employment attorney to address the propriety of your termination from your employment. Good luck!

    Information posted or made available on or through the Site, including without limitation any responses to legal... more
  3. Richard Andrew Harting

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . post termination cases are very difficult since they start off as a denied case, it will be critical that you have evidence to support your claim of injury. you should consult with a work comp atty in your area.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Ruben laid it out well

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