Can You File a Workers’ Compensation Claim With Your Former Employer?

Here are some of the common reasons you may need to file a workers’ compensation claim against your former employer.

In Missouri, you’re generally eligible to receive workers’ comp benefits for injuries that happen in the scope of your employment. However, you may find yourself in a situation where you are wondering if you can file a workers compensation claim even though you are no longer employed where you were injured.

Below are tips on pursuing your workers’ comp benefits from your former employer. But first, we’ve highlighted some of the common reasons you may need to file a workers’ compensation claim against your former employer.

Reasons You Would Want to File a Workers’ Compensation Claim

• You suffered a minor work-related injury that worsened after leaving your former job.
• You have a chronic health condition that resulted from previous occupation. For example, symptoms of carpal tunnel syndrome may appear days after you’ve already left the job that caused it.
•  You suffered a work-related injury a few days before your former employer terminated your contract.

Pursuing Benefits After You Have Already Left Your Previous Job

Filing a workers’ compensation claim with your previous employer is no easy feat. Here’s why:

• The law requires you to report your injury to your previous supervisor or employer within 30 days after learning of your injuries. Meaning, if the reporting time elapses without reporting your injuries, then the process of getting your benefits can get more complicated.
• Also, your former employer’s insurance company will likely interpret your claim as an attempt to retaliate against your prior employer. They may even claim your injuries happened after your former employer terminated your contract.

It is recommended that you work with an experienced workers’ compensation attorney to ensure you understand the benefits you are legally entitled to. Your attorney can evaluate your case and help you prove your previous job caused your current health condition. Some of the pieces of evidence your attorney can collect to back up your claim are:

• Photos of your injuries
• Medical records to prove your previous job caused your current condition
• Statement from former co-workers and other witnesses who saw the accident happen
• Surveillance footage showing how the accident happened

It is important to seek medical attention immediately after learning about your injuries and follow all your doctor’s treatment plans/instructions and keep your medical records intact. Additionally, you should inform your former employer of your injuries in writing.

Seek the Assistance of Kansas City Workers Comp Attorney

If you need to file a workers’ comp claim against your former employer, call the Law Office of James M. Hoffmann 24/7 for a free case evaluation to learn more about your legal rights and options.