Legal Question in Workers Comp in California

Re: Fired and hurt...

I think what Mr. Moheban means by "post-terminated" is the situation in which there is no injury and after the person is fired they then made a claim of on the job injury. You definitely need to file aan injury report with the former employer and if hey terminated you because of your on the job injury [such as your not being able to work], then that is illegal discrimination because of an industrial injury and you can gain full reinstatment with back salary and medical bills. You can ask the former employer to re-instate you but most employers do not know that doing that is illegal. You will need an experienced Workers' [not workman's] Comp. attorney

Re: Fired and hurt...

You need to immediately report your injury to your employer (of course you should have reported your injury to your former employer before you were terminated) otherwise they may argue that your claim is post-terminated. There are other ways to show that your injury is work-related and is not post-terminated. I need more facts to be able to give you advise. You need to retain an experienced attorney to fight the possible challenges to your case. Please call us at 213.388.7070 for a free consultation.