If you’ve been injured at work, and you were laid off or fired before you filed a claim for workers’ compensation benefits, will you still be able to obtain those benefits? In the State of Texas, your eligibility for workers’ compensation benefits will hinge on several factors, but your first step should be a consultation with San Antonio work injury lawyer Matthew S. Norris.
After a workplace accident, if an injured worker doesn’t promptly file a claim for workers’ compensation benefits, that employee may be terminated or laid off in the interim. Insurance companies that provide Texas employers with workers’ comp coverage view with suspicion claims that are filed after a layoff or a termination.
When Should Workplace Injuries Be Reported?
In fact, these insurance companies typically presume that post-layoff and post-termination benefit claims are fraudulent and motivated by revenge or anger against the former employer. This presumption is a good reason to report an injury and file a claim for benefits as quickly as you can after you’ve been injured.
If you’re not examined by a medical professional within 24 hours of a work-related injury, you may have difficulty proving that your injury was the result of a specific workplace accident. The insurance company may presume that you were injured at another time and place or that you’re not really seriously injured at all.
What is the Law Regarding Layoffs and Workers’ Comp Benefits?
Acquiring workers’ compensation benefits after you’ve been laid off is challenging, but under Texas law, if the accident that injured you occurred less than a year before you apply for benefits, you’re still eligible. However, if you’ve been fired or terminated since you were injured, you’ll need help obtaining your benefits. You’ll need to contact the Law Office of Matthew S. Norris for the advice you require, and if necessary, for the legal services you need.
If you were injured months ago, and you returned to work before the termination or layoff, you may already have reached what’s called “maximum medical improvement” – when your recovery is complete or “as good as it gets.” If a doctor can’t determine that you’ve been injured, you won’t qualify for workers’ compensation benefits.
What Steps Should You Take After a Work-Related Injury?
Waiting to report an accident and file a claim is never in your best interests. The first steps to take after a work-related injury are seeking medical attention immediately and notifying your employer as quickly as possible. Your next priority is scheduling a consultation with San Antonio work injury lawyer Matthew S. Norris.
Although most employers carry it, Texas law does not require employers to have workers’ compensation insurance. If your employer – that is, the employer you worked for when you were injured – does not carry workers’ compensation coverage, personal injury lawyer in San Antonio Matthew S. Norris can advise you regarding your other options for compensation, which may include filing a personal injury lawsuit.
Every workplace injury case is different, so injured workers are going to need personalized legal advice. The Law Office of Matthew S. Norris provides your first legal consultation with no cost and no obligation. Take advantage of the opportunity to learn more about your rights and your eligibility for workers’ comp benefits. Call 210-549-7633 to schedule your consultation.