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Can You Have a Civil Wrongful Termination Lawsuit if You Have an Open Work Comp Claim

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  • 01-24-2019, 02:37 AM
    Fallguy
    Can You Have a Civil Wrongful Termination Lawsuit if You Have an Open Work Comp Claim
    My question involves labor and employment law for the state of: California.

    Can you file a civil wrongful termination lawsuit if you have an open worker's compensation claim?

    Does one supersede the other?
  • 01-24-2019, 03:13 AM
    Taxing Matters
    Re: Can You Have a Civil Wrongful Termination Lawsuit if You Have an Open Work Comp C
    The fact that you have an open workman's comp claim does not, at least in most cases, preclude or delay a lawsuit against your former employer for wrongful termination. Worker's comp is insurance that provides benefits for worker's who are injured on the job. The state requires employers to have worker's compensation insurance, sets the rules for it, and provides for the process to resolve disputes over the coverage between the employee and the worker's comp carrier. See the California Division of Worker's Compensation for all kinds of information on Worker's Comp in that state.

    Unless you are claiming that the wrongful termination was related to you filing the worker's comp claim there is no connection between the wrongful termination lawsuit and the worker's comp. So if your claim is that the employer illegally terminated you because of, say, your race or sex, that has nothing to do with the worker's comp claim. The process and the time you have to pursue a wrongful termination claim will depend on what you claim is the reason the employer wrongfully terminated you. What is the reason the employer said you were fired, and what do you think is the real reason, if different from what the employer said?
  • 01-24-2019, 07:32 AM
    PayrolGuy
    Re: Can You Have a Civil Wrongful Termination Lawsuit if You Have an Open Work Comp C
    Fallguy,

    You can't find a lawyer for your WC case. What makes you think you will be able to find one for a wrongful termination suit?
  • 01-24-2019, 08:37 AM
    Fallguy
    Re: Can You Have a Civil Wrongful Termination Lawsuit if You Have an Open Work Comp C
    Quote:

    Quoting PayrolGuy
    View Post
    Fallguy,

    You can't find a lawyer for your WC case. What makes you think you will be able to find one for a wrongful termination suit?

    Quote:

    Quoting PayrolGuy
    View Post
    Fallguy,

    You can't find a lawyer for your WC case. What makes you think you will be able to find one for a wrongful termination suit?

    I have one for civil. I just can’t find a work comp attorney that will litigate ttd. My claim is accepted and I’m not P&S so they only want to do the medical. My other concern is if I just randomly pick one, they will take the nuisance offer and close my medical.

    The reason is different. Its for whistleblower. I was just wondering if ttd effects the civil suit.
  • 01-24-2019, 08:39 AM
    PayrolGuy
    Re: Can You Have a Civil Wrongful Termination Lawsuit if You Have an Open Work Comp C
    No, it doesn't. Not that I think for a second you have the makings of such a suit.
  • 01-24-2019, 09:59 AM
    Fallguy
    Re: Can You Have a Civil Wrongful Termination Lawsuit if You Have an Open Work Comp C
    Quote:

    Quoting PayrolGuy
    View Post
    No, it doesn't. Not that I think for a second you have the makings of such a suit.

    Thank you payrolguy
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