Recession and your work injury

A possible recession may mean that employers will be laying off employees leading to a scenario which we see at Borrego law all too often.  A worker who is struggling to perform their job following a work accident fails to properly file their work injury claim and than is fired.  The worker than insists on the medical treatment and benefits they’re entitled to under California law.  Adding insult to injury, they receive a letter from a Workers Compensation insurance company denying their claim!

Under Labor Code §3600 et al.  A claim made after termination or layoff is not compensable unless the injured worker establishes that:

• The employer had prior notice of injury; OR

• Medical records show prior treatment for the condition being alleged; OR

• The injury occurred between the notice of termination and the actual date of termination.

The post termination defense means an injured worker will lose all rights to any medical treatment and benefits.  Luckily, Borrego Law has a long track record of successfully fighting post termination denials and winning these cases.

Contact our office, and we’ll do all of the work to ensure your injury claim survives termination.

José Borrego

Attorney

Joseborregolaw.com

(916) 446-4911

Workers Compensation, Social Security Disability, Family Law