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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

  1. 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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  2. 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.

  3. 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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