You may be able to collect workers’ compensation benefits for a work-related injury or illness, even if you didn’t file your claim until after you were fired, laid off, or voluntarily quit the job that was responsible for your medical condition. However, you could face extra hurdles to prove that you qualify for benefits. Read on to learn more about those obstacles and how to overcome them.

Why File a Workers’ Comp Claim Against a Previous Employer?

Generally, there are two common reasons for filing a workers’ comp claim after you’ve left a job:

• You had an on-the-job injury that seemed minor at first but later caused problems requiring medical treatment. For example, you may fallen at work and hurt your back, but you initially shrugged it off. Then, after you were laid off, your back pain suddenly got worse.
• You have a chronic condition, such as an occupational disease or a cumulative injury, that developed as a result of previous work. For instance, your doctor told you that the pain and numbness in your wrist was a repetitive strain injury related to old job duties. Because cumulative trauma injuries develop slowly over time, it’s not uncommon for symptoms to appear after you’ve left a job.

Depending on which scenario applies in your case, you may run into different problems qualifying for workers’ comp.

Meeting the Deadlines When Filing a Claim After Leaving a Job

Most states have time limits for reporting work injuries to employers and filing workers’ comp claims. The same limits apply whether the employee is still on the job or has left. But the fact that some time has already passed since the injury means that you risk missing the deadline.

When you’ve had a one-time injury, like a fall, you should give notice within about 30 days after the incident happened (although the time limit can vary considerably from state to state). So if you didn’t think the injury was worth reporting until after the deadline passed, the insurance company will probably deny your claim.

In the case of chronic or cumulative conditions, the time period for filing a claim typically doesn’t start until you first learned—usually from your doctor—that your current or previous job was responsible for your medical condition.

Proving That a Previous Job Caused Your Injuries

Even if you meet the deadline for filing a workers’ comp claim, you may have an uphill battle proving that you’re eligible for benefits. You’ll need strong medical evidence that your current medical condition was caused by your previous job duties rather than more recent activities or something that happened since you left.

Insurance companies often look for reasons to deny workers’ comp claims, particularly if they suspect that fired or laid-off employers are trying to get back at their old employers. They may also deny or try to reduce benefits by arguing that your most recent job wasn’t the sole or main reason you need medical treatment or work-loss benefits.

Still, that shouldn’t keep you from filing a legitimate workers’ comp claim after you’ve left your job, or from appealing if your claim has been denied. There are a few things you can do to help support your claim. First, notify your previous employer about your work-related injury or illness as soon as possible, and ask what you need to do to make a formal claim. (In some states, your employer’s insurance company or the doctor will do this for you.) Second, ask what you need to do to choose a treating doctor, so that you can seek a medical opinion about the cause of your injuries or illness.

Finally, consider speaking with an attorney. An experienced workers’ comp lawyer should be able to anticipate arguments from the insurance company, gather evidence to show that your injury is related to work, and help you get a second medical opinion from another doctor, if necessary. And if you’ve missed the deadline for filing a claim, an attorney can tell you whether your state offers any exceptions that might apply in your case. You usually won’t have to pay for an initial consultation with a workers’ comp lawyer.

When You Were Fired or Laid Off Because of Your Injury

You may also want to consult with a workers’ comp or employment attorney if you believe your employer fired you because of your injury but before you had a chance to file your claim. Under state laws, it’s generally illegal to fire employees because they filed workers’ comp claims, or tried to do so. Some courts have found that those laws should apply even if the employees hadn’t yet had the time to file a formal claim. Depending on how the law in your state is written and interpreted, you may be able to collect a penalty in the workers’ comp case or sue for wrongful termination.