Can You File a Workers’ Compensation Claim After You’ve Been Laid Off or Fired?

When layoffs and job cuts make the news, many California workers wonder what happens if they get hurt on the job and then lose their job. Can you still file a workers’ compensation claim after being laid off or fired?

The short answer is sometimes yes, but there are strict rules that apply. Under California law, this is called the post-termination defense, and it limits when workers can file claims after employment ends. Understanding these rules can help you protect your rights and avoid common mistakes that can cost you benefits.

At the Law Offices of Armen Yedalyan, APLC, we represent injured workers throughout California, including those who have lost their jobs before, during, or after filing for workers’ compensation. As a Certified Specialist in Workers’ Compensation Law, attorney Armen Yedalyan helps clients navigate these complex situations and fights to make sure valid claims are not denied unfairly.

What Is the Post-Termination Defense?

California Labor Code §3600(a)(10) allows employers and insurance companies to deny a workers’ compensation claim if it is filed after the employee’s termination or layoff.

The reasoning behind this rule is to prevent false or exaggerated claims that arise only after someone has been let go. In other words, the law assumes that if an injury is genuine, the worker would have reported it while still employed.

However, the law includes several important exceptions that allow injured workers to still qualify for benefits even after being terminated.

When You Can Still File a Claim After Being Fired or Laid Off

You may still have a valid claim if one of the following applies:

1. The employer had prior knowledge of the injury: If you reported your injury, filled out an incident report, or sought medical treatment before being terminated, you may still be eligible for benefits.
   
2. The injury occurred after you gave notice but before your last day: If you were already scheduled to leave but got hurt while finishing your duties, the claim should still be valid.
   
3. The injury was a cumulative trauma or occupational disease: Some injuries develop over time, like back strain, carpal tunnel syndrome, or hearing loss. If you can show that your injury was caused by repetitive work over weeks or months and you only discovered it after leaving, your claim may still qualify.
   
4. You filed your claim before being terminated, even if processing began later: Timing matters. If the initial claim or injury report was made before your employment ended, your rights are preserved even if your job ends during the process.
   

Evidence Matters

Post-termination claims often come down to evidence. Insurance companies and employers may try to argue that the injury happened after the layoff or that it was never reported. Documentation is key.

Evidence that can support your claim includes:

• Copies of written injury reports or emails sent to supervisors
• Medical records showing when and how the injury occurred
• Witness statements from co-workers
• Time cards or schedules proving you were working when the injury occurred

Keeping organized records helps show that your injury was legitimate and connected to your employment.

Cumulative Trauma and Delayed Injuries

Many workers do not realize they are injured until weeks or months after repetitive strain or ongoing stress. These are called cumulative trauma injuries.

Under California law, the “date of injury” for cumulative trauma is usually when the worker first experiences disability and knows or should have known that the injury was caused by their job.

For example, if you drove delivery routes for years and developed back pain that forced you to stop working after being laid off, you might still have a valid claim if medical evidence links your condition to your work duties.

These cases are common among warehouse employees, drivers, healthcare workers, and factory workers.

Employer Retaliation and Termination After Injury

California Labor Code §132a prohibits employers from retaliating against or terminating an employee for filing a workers’ compensation claim.

If you were fired shortly after reporting an injury or requesting treatment, you may have grounds for a 132a discrimination claim in addition to your workers’ compensation case. These claims can result in reinstatement, back pay, and increased benefits.

The Law Offices of Armen Yedalyan, APLC regularly helps employees who were wrongfully terminated after filing for workers’ compensation or reporting unsafe work conditions.

What to Do If You Have Been Laid Off or Fired

If you suspect your job loss may be related to a work injury or if you were hurt before your employment ended, take these steps immediately:

1. Document your injury.
   
   Write down when, where, and how it happened. Note any witnesses and preserve emails or text messages related to your injury or termination.
   
2. Seek medical treatment.
   
   Even if you are no longer working for the company, see a doctor as soon as possible. Medical records provide critical proof of the injury and its timing.
   
3. Report the injury in writing.
   
   If you haven’t already, notify your former employer in writing. Keep copies of all correspondence.
   
4. Contact an experienced workers’ compensation attorney.
   
   Post-termination cases are complex. An attorney can evaluate your eligibility and handle communication with the insurance company.

Why Choose Yedalyan Law

At the Law Offices of Armen Yedalyan, APLC, we understand how confusing and stressful it can be to face a layoff or firing while dealing with a work-related injury. Our firm handles both injured worker claims and employer defense, which gives us a unique perspective on how these cases are handled from both sides.

We:

• Analyze whether your claim qualifies under California’s post-termination exceptions.
• Gather and present medical and employment evidence to support your claim.
• Defend against unfair denials and delays by insurance companies.
• Handle retaliation or 132a discrimination claims if your termination was related to your injury.

Every case is different, and small details can determine whether your claim succeeds.

Injured Before or After Termination? Protect Your Rights.

If you were hurt on the job and then laid off, or if you discovered your injury after being terminated, do not assume you have no options. California law protects workers in many of these situations.Contact the Law Offices of Armen Yedalyan, APLC today for a free consultation. We will review your case, explain your rights, and help you take the next steps toward getting the benefits you deserve.