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Gathering Evidence to Prove Post-Termination Workers’ Compensation Claims for Continuous Trauma
To file a post-termination claim for continuous trauma, you must provide documentation proving that your cumulative injury is work-related. A workers’ compensation attorney knows which documents and forms you need to support your claim. They can help secure necessary evidence, including:
- Medical records from doctor’s visits before and after termination
- Treatment plans and prognosis for your recovery
- Medical report indicating that your workplace activities were the primary cause of your continuous trauma
- Psychological therapy assessments, treatments, and expert opinions about your work-related psychological trauma
- Deposition from you containing information about medical conditions, treatments, and medical providers
- Medical-legal evaluation from a qualified medical evaluator (QME)
- Doctor’s First Report of Occupational Injury or Illness, establishing the diagnosis date, cause, and extent of your work-related injury
- Permanent & Stable (P&S) report from a doctor, which outlines the extent of your injuries, limitations imposed by your injuries, and potential future medical treatments
Even the smallest details, such as the terminology in your doctor’s P&S report, can affect your case. An employment law attorney can help you gather the evidence you need to secure the benefits you deserve.
Keeping Your Post-Termination Continuous Trauma Claim on Track
A post-termination continuous trauma claim for workers’ comp lets you seek benefits for a work-related injury or illness you discover after your job is terminated. If your continuous injury is related to a previous work injury or illness, you can also reopen a previous workers’ comp claim.A workers’ compensation attorney can guide you through the filing process and ensure that you meet critical deadlines, including:
30 Days to Report Your Injury
When you suffer an acute injury, it’s often easy to report your injury immediately to your supervisor. The deadline for reporting an injury to your supervisor is 30 days from the date the injury occurred. For continuous injuries, that date can be more difficult to pinpoint.Continuous injuries occur over time, so you may not even be aware of the illness or injury until after your job termination. To account for this, workers’ compensation laws allow you to report a continuous injury within 30 days of the date you became aware of or should reasonably have become aware of your injury. For example, if you’re diagnosed with a compressed disc in your spinal cord due to repetitive lifting at your previous job, you could file a post-termination claim within 30 days of the diagnosis.
One Year to File a Workers’ Compensation Claim
You have one year after you notice the injury (or discover that it’s work-related) to file your workers’ comp claim. When you report your injury to your former employer, they must provide you with a workers’ compensation claim form within one day.A workers’ comp attorney can help ensure the claim (and all necessary documentation) is filed within the one-year time frame. If your employer or claims administrator fails to provide you with necessary information consistent with legal requirements, your lawyer can defend your rights.
90 Days for Workers’ Compensation to Decide
Once you submit the workers’ comp claim form to your former employer, the claims administrator has 90 days to approve or deny your post-termination claim for continuous trauma. They can only delay their decision if they send a Notice of Delay giving the reason and outlining the information they need to complete the claim. If you are not notified of claim approval, denial, or delay, or received any workers’ comp benefit payments within 90 days, your claim is automatically accepted.
45 Days to Appeal a Denial
If the claims administrator denies your post-termination workers’ compensation claim for continuous trauma, you can appeal the decision within 45 days. You must apply for adjudication of your claim at your local workers’ compensation office and request a hearing separately. Your attorney can help you submit the necessary documents to ensure that you receive a fair hearing for your appeal, and send copies to the appropriate opposing parties and their legal counsel. During the trial hearing, your workers’ comp lawyer can attempt to reach a favorable settlement with the claims administrator. If this isn’t possible, your attorney can gather evidence to support your appeal and represent you at trial.
Representing Your Workers’ Comp Post-Termination Case at No Up-Front Cost
When choosing a KJT Law Group attorney for your post-termination case for continuous trauma, you receive legal services at no up-front cost. Rather than charging you for ongoing representation, your attorney is simply paid from a percentage of your workers’ compensation settlement. By hiring a workers’ compensation attorney Los Angeles to represent you, you benefit from their knowledge, resources, and experience in state and federal employment law. Not only can they reduce your overall stress, but a lawyer can also help you find resources to assist with lost income and medical treatments while you wait for your workers’ comp benefits.
KJT Law Can Handle Your Post-Termination Claim for Continuous Injury
Following a post-termination diagnosis for continuous injury, it can be hard to know how to proceed with a workers’ compensation claim. The employment attorneys at KJT Law Group have defended employee rights in complex workers’ compensation cases for decades. We have the knowledge and resources necessary to pursue your workers’ comp benefits against even the most stubborn claims administrators. If you have questions about how our workers’ comp lawyers can settle your post-termination claims for cumulative trauma, reach out online or call (818) 507-8525 for a free consultation. One of our dedicated employee rights attorneys can review your case and explain your options.
