Work Accident Lawyer Ontario Inland Empire

Injured at work? It is extremely important to report your injury to your employer and request medical attention. Missing work due to a work-related injury can result in termination unless properly reported and documented. Failing to follow the right protocol could lead your employer to deny your claim if you are terminated or laid off before reporting your injury or obtaining medical attention.

Employers and workers' compensation insurance companies will use the post termination defense under Labor Code 3600(a)(10): 

Except for psychiatric injuries governed by subdivision (e) of Section 3208.3, where the claim for compensation is filed after notice of termination or layoff, including voluntary layoff, and the claim is for an injury occurring prior to the time of notice of termination or layoff, no compensation shall be paid unless the employee demonstrates by a preponderance of the evidence that one or more of the following conditions apply:

(A) The employer has notice of the injury, as provided under Chapter 2 (commencing with Section 5400), prior to the notice of termination or layoff.

(B) The employee’s medical records, existing prior to the notice of termination or layoff, contain evidence of the injury.

(C) The date of injury, as specified in Section 5411, is subsequent to the date of the notice of termination or layoff, but prior to the effective date of the termination or layoff.

(D) The date of injury, as specified in Section 5412, is subsequent to the date of the notice of termination or layoff.

For purposes of this paragraph, an employee provided notice pursuant to Sections 44948.5, 44949, 44951, 44955, 72411, 87740, and 87743 of the Education Code shall be considered to have been provided a notice of termination or layoff only upon a district’s final decision not to reemploy that person.

A notice of termination or layoff that is not followed within 60 days by that termination or layoff shall not be subject to the provisions of this paragraph, and this paragraph shall not apply until receipt of a later notice of termination or layoff. The issuance of frequent notices of termination or layoff to an employee shall be considered a bad faith personnel action and shall make this paragraph inapplicable to the employee.

Work Accident Lawyer Ontario Inland Empire

 

Work Accident Lawyer Help and Free Consultation Inland Empire

Do you need guidance after a serious work accident or injury? The best opportunity to get the right guidance is to call Napolin Accident Injury Lawyer. Remember, we are just one phone call away! Seeking the advice of a work accident attorney in your area is wise, since your case should be adjudicated at the local Workers' Compensation Appeals Board.

Check out my YouTube video: Work accident lawyer