When most people think of worker’s compensation claims, they usually believe that the person involved is still working for their employer. While this is true in many cases, injuries can take time to appear in others. Sometimes, these injuries don’t become apparent until after a worker has lost their job. In these situations, the injured worker can still get Workman’s Comp in Riverhead NY after their termination.
Recovering Worker’s Compensation Benefits After Job Loss
It can be difficult for injured workers to receive worker’s compensation after losing a job. To get benefits after termination, the worker must prove that:
* They suffered a physical injury or disability
* That the injury happened during the normal course of the job
* That the injury wouldn’t have happened if they were not at work
Possible Defenses to Worker’s Compensation Claims
A worker trying to prove that their injury occurred while on the job can have a difficult time doing so, especially if symptoms do not appear until after termination. That makes it easier for insurers and employers to use the following defenses:
* That the injury is not covered under state worker’s compensation laws
* That the injury did not happen during the normal course of the work day
* That too much time has elapsed between the employee’s termination and the manifestation of symptoms
* That the employee caused his or her own injuries
Recovery of Benefits
If a worker can show that they are eligible for benefits after losing their job, they can usually recover their disability and medical expenses, court and attorney’s fees, employer penalties, expenses for vocational rehab, and any accrued interest.
If I’ve Lost my Job and Need Worker’s Compensation Benefits, do I Need a Lawyer?
If you lost your job after suffering a workplace injury, it is advisable that you call a worker’s compensation attorney to handle your case. Workman’s Comp in Riverhead NY is very complex, and it can be doubly difficult to prove your case if your injury did not appear until after the loss of your job. Gilbert, Blaszcyk and Milburn, LLP can explain the issues at hand and they can help you recover the benefits for which you are eligible.
