Results 1 to 9 of 9
  1. #1
    Join Date
    Mar 2011
    Posts
    4

    Default What Happens if a Worker's Compensation Claim is Denied - Can You Be Fired

    My question involves workers compensation law for the state of:

    If my claim is denied and my injury is not a work related imjury. Does my emploer have the right to fire because I claimed workers comp. Can they make up an excuse that I'm getting fired for another reason
    Soon after my claim was denied.

  2. #2
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: What Will Happen if My W/C Claim is Denied. Does My Employer Have the Right to Fi

    Please tell us your state. When you start a new thread, we ask that question for a reason.

    Legally, no, you cannot be fired because you filed a Worker's Comp claim.

    Could the employer come up with some other reason? Sure. The proximity of a firing to the time of the claim, however, would not bode well for the employer.

    What makes you think your claim might be denied?

  3. #3
    Join Date
    Mar 2011
    Posts
    4

    Default Re: What Happens if a Worker's Compensation Claim is Denied - Can You Be Fired

    I am in the state of california.

    It is my first time in my job history since I started working that I have
    Any kind of pain that I have felt. And I was just wondering if for any reason
    I was told my injury was not caused do to my type of work and that It was just
    Aggrevated at work from a previous injury which I have never had.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: What Happens if a Worker's Compensation Claim is Denied - Can You Be Fired

    I'm not seeing any reason why your claim wouldn't be approved. In order to show aggravation from a prior injury, they would have no KNOW there was a prior injury. Have they asked for prior medical record?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,934

    Default Re: What Happens if a Worker's Compensation Claim is Denied - Can You Be Fired

    Armoguy - at the time that you submitted the workers comp claim, did you know that it was not work-related, or did you think it was and the determination was made by the w/c carrier that it was not?

  6. #6
    Join Date
    Mar 2011
    Posts
    4

    Default Re: What Happens if a Worker's Compensation Claim is Denied - Can You Be Fired

    I haven't had a prior injury to my wrist and no the did not ask for my prior medical records

    To cbj. When I submitted my claim I injured it on the job. But I was saying what if they determine it wasn't work related. What do I do next. If my emploer tries to take some kind of action to fire me for another reason after this whole works comp thing is over. Is there a time limit they have to wait to do so

    To cbj. When I submitted my claim I injured it on the job. But I was saying what if they determine it wasn't work related. What do I do next. If my emploer tries to take some kind of action to fire me for another reason after this whole works comp thing is over. Is there a time limit they have to wait to do so

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,934

    Default Re: What Happens if a Worker's Compensation Claim is Denied - Can You Be Fired

    Okay, under the circumstances you describe, they cannot legally fire you for filing the claim. Ever. Even if it is determined that the claim was not work related.

    That does not mean that you are immune from being fired. They can still fire you for reasons unrelated to the workers comp claim. But the hypothetical determination that the claim is not work related does not change your protection for filing the claim in the first place.

    IF you had filed a workers comp claim KNOWING that it was not work related, that would be a different story.

  8. #8
    Join Date
    Mar 2011
    Posts
    4

    Default Re: What Happens if a Worker's Compensation Claim is Denied - Can You Be Fired

    If it wasn't work related I wouldn't have filed cause I know the consiquences for falsely claiming something untrue. As I stated before I had never had a problem since I was 19 I have been working with computers non stop. Just last week when I got the pain and burning sensation ans a sharp pain up my arm and finers with dumbness for the first time.

    How long does it takes for a determination on if it was or was not work related.
    I went for an envaluatiion on Thursday this week. And I go back to the doctor next week for a follow up.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,934

    Default Re: What Happens if a Worker's Compensation Claim is Denied - Can You Be Fired

    There is no one answer for how long a determination takes. It takes as long as the specific circumstances involve in the specific situation take.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 4
    Last Post: 06-02-2011, 10:29 AM
  2. Worker's Compensation Claim Against Personal Injury Recovery
    By mommaof3 in forum Worker's Compensation
    Replies: 1
    Last Post: 10-16-2007, 03:03 PM
  3. Fired After Filing a Worker's Comp Claim
    By cardencal in forum Worker's Compensation
    Replies: 1
    Last Post: 08-26-2006, 09:22 PM
  4. What's Next in my Worker's Compensation Case
    By lgarza3921 in forum Worker's Compensation
    Replies: 1
    Last Post: 07-27-2006, 11:28 AM
  5. Worker's Compensation for RSD
    By jamoore in forum Worker's Compensation
    Replies: 1
    Last Post: 02-10-2006, 12:16 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Workers Comp Forms
Workers compensation forms for every state, immediate download.


Untitled Document