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UncategorizedWorkers' CompensationCan I File A Workers’ Compensation Claim After Being Fired?

November 16, 2020

If you have been diagnosed with an occupational disease or you have an injury that you suffered on the job, you may be eligible to file a workers’ compensation claim. If you have not yet filed your claim and you have been fired from your job the situation can become complicated. This blog post will discuss what to do about filing a workers’ comp claim after you have been fired.

Nebraska Work Comp Lawyer

Have you been fired or laid off from your job – after you were hurt at work? Our workers’ compensation lawyer has seen it all, and he has successfully fought for workers’ rights for men and women across Nebraska. Call Watson & Carroll, P.C., L.L.O. at 402-234-8787. Have questions? Get your free ebook today, written by our work comp attorney. And, share your story here to get your case started. Don’t wait! 

Pursuing A Workers’ Compensation Claim in Nebraska After You Were Terminated From Your Job

There are a couple of reasons that you may have failed to file your workers’ comp claim before you were fired from your job. These situations may occur because you suffered an injury while on the job that seemed minor, but later you suffered serious complications that required medical care or you may suffer from a chronic condition, such as an occupational disease or a cumulative injury or repetitive trauma injury that resulted from previous work duties and it didn’t manifest itself until after you were fired from your job. 

In these situations, if you were terminated from your job before your claim was filed, you will need to provide strong medical documentation and supporting evidence that shows your condition is linked to your previous job duties. Always keep supporting evidence and documentation that shows how you were injured or that your injury occurred while on the job. 

In some cases, employees report the injuries but are fired, terminated or laid off after reporting but before going to the doctor. Always document reporting your injuries. Who you told, when you told and whenever possible, report the injuries in writing and save a copy. Text messages, emails, filed accident reports are all excellent reproducible evidence that you reported your accident. Having a co-worker witness the reporting of the accident is also very helpful. Make sure you know that person’s full name and if the situation allows, get their phone number. 

Getting Your Workers’ Comp Claim Underway 

In addition to reporting your accident and injury as soon as possible, there is a time limit for pursuing a workers’ compensation claim. Nebraska workers’ compensation law sets a two-year statute of limitations for pursuing a workers’ compensation claim. There are specific rules that govern when the time limit begins and how payments by the employer or its insurance company can extend the timeframe. If you have specific questions about your statute of limitations, contact an attorney immediately. 

Before the two year statute of limitations runs, an injured worker risks losing their case as time is rarely on the injured worker’s side. As time passes, valuable pieces of information can be lost and witnesses may become forgetful or become fearful of helping. Do not delay in starting your claim and do not delay in contacting an attorney. 

Termination From Your Job

While you can be fired from your employment for many reasons, your employer cannot fire you because you have filed a workers’ compensation claim. If you have been fired or demoted because you filed a claim for workers’ comp benefits, you can file a civil claim against your employer for retaliation. 

Nebraska workers’ compensation laws require that employers maintain workers’ compensation insurance for all workers – part-time, full-time, seasonal, temporary, and minors. This coverage is to cover workers in the event of an occupational disease or a workplace injury. If you have been injured at work or if you have been diagnosed with a work-related illness, you should notify your employer right away. 

If you have been fired from your job and now need to file a workers’ compensation claim, you should enlist the help of a Nebraska workers’ compensation lawyer. With the help of a workers’ comp attorney, you will find the best way to proceed with your claim. A lawyer will be able to gather supporting evidence and documentation and will try to resolve the matter in your favor. Workers’ compensation claims can be challenging and filing a claim after you have been fired from your job can be even more tricky. 

About Watson & Carroll, P.C., L.L.O. 

 Watson & Carroll, P.C., L.L.O., is not a high-volume law firm that only speaks with clients when it is absolutely necessary. For us, it’s personal. Our team works closely with our clients and their loved ones – not only so that we understand their challenges and concerns, but so we can tailor our approach to address those factors, aggressively pursue results, and secure peace of mind. Whether it is a workers’ compensation case, a personal injury claim, a medical malpractice case, or advocating for disability benefits, we work to protect our clients and make sure their rights are upheld. 

Our firm can help. Call 402-234-8787. Get your free ebook today. Fill out our confidential intake form to share your story. 

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