Can You File a Workers’ Comp Claim After Being Terminated?
Under Nebraska law, employees who are injured on the job are usually entitled to reimbursement for their medical bills and lost wages, which can be obtained through their employer’s workers’ compensation insurance. This is true even for those who no longer work for the same employer. Continuing to collect benefits in these cases, however, can be more difficult, so if you were hurt at work, but are no longer employed by the same company, you should call an experienced Omaha, NE workers’ compensation lawyer who can help protect your rights.
Applying for Benefits Prior to Termination
In Nebraska, injured employees are usually entitled to workers’ compensation benefits if they were hurt on the job. Fortunately, these benefits do not end when a person is terminated from his or her employment. Instead, injured employees can generally continue to collect benefits until their condition has stabilized or they have reached maximum medical improvement.
There are, however, certain situations where an injured party’s employment status could affect his or her entitlement to future benefits, and insurance companies will be quick to try and stop benefits if they can. This is why it is important to consult an experienced work comp attorney to make sure you are getting all the benefits owed for your injury.
Filing a Claim After Termination
The situation can become more complicated when a person fails to file a workers’ comp claim until after he or she is terminated. These cases tend to arise when:
- A person sustained a workplace injury that seemed minor, but later caused serious problems that required medical treatment; or
- A person suffers from a chronic condition, like an occupational disease or cumulative injury that developed as a result of previous work but did not manifest until after termination.
In these situations, individuals whose employment was terminated before they could file a claim, will need to provide strong medical evidence proving that their condition can be linked to previous job duties and not to a more recent accident.
It is also important to keep in mind that Nebraska has a two-year statute of limitations when it comes to filing workers’ compensation claims. Fortunately, while these deadlines are usually calculated from the date of an accident, courts are willing to start the time period for filing a claim when a person first learned that he or she was ill or injured. Injured claimants will, however, be required to file a workers’ compensation claim within two years of their diagnosis in order to collect reimbursement for medical expenses and wage loss.
Were You Fired Because of a Workplace Injury?
Under Nebraska law, it is illegal to terminate employees because they file workers’ compensation claims. In fact, when this occurs, wronged employees can file a civil claim against the employer in question for retaliatory discharge or demotion.
Call for a Free Consultation
To speak with an experienced Omaha, NE workers’ compensation lawyer about your own workplace injury, please call Andres Law Offices, PC LLO at 402-491-4003 today.