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

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

Posted

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!

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Asker

Posted

Falling off a ladder is in the scope of my employment? A claim was filed when I fell off the ladder I just did not file another claim or report that I was still in pain.

Fernando Davin Vargas

Fernando Davin Vargas

Posted

If the use of the ladder at work was to perform your job responsibilities, and you fell off the ladder while you were working, then the fall is considered to have occurred within the course and scope of your employment. This means, you claim is probably limited to a worker's compensation claim. Again, I urge you to consult with an attorney that specializes in worker's compensation matters. Do so immediately to avoid prejuding your rights, such as with the runing of the statute of limitations. Also, I again urge you to immediately consult with an employment attorney concerning the termination of your employment. I do not handle worker's compensation or employment matters. Best of luck!

Posted

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 duties are owed to either party. www.getgreenlaw.com

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Posted

Ruben laid it out well

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Posted

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.

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