COVID-19 and Employees’ Rights: Workers’ Comp During Layoffs

• Apr 15, 2020
• Blog
• Michael Burgis & Associates, P.C

Workers’ Comp Claims and Retaliation: Your Right to File

Employees have the right to file a petition for compensation under workers’ compensation laws, but many do not, for fear of retaliation. Some figure that if they keep quiet, they’ll keep their jobs. Still, when something significant happens that causes a layoff, such as a coronavirus outbreak, these employees may have a hard time getting a new job or even going back to the old job – the employer may not take them back.

MB&A focuses on employees’ rights and workers’ compensation benefits. You have a right to file a workers’ compensation claim, even while you are working, without having to fear retaliation firing. In some cases, you may also get benefits after your employer terminates you.

Filing a New Workers’ Compensation Case During the COVID-19 Shutdown

Our firm is ready and able to speak to you during the shutdown. We can set up a teleconference or a video conference to get your case started. We’ll sign you up remotely and will be able to advocate for you, even during these difficult times.

Filing for Workers’ Compensation After Termination

You still have rights, even if your employer laid you off because of the coronavirus. First, you can file a claim for the specific injury, or you can file a cumulative trauma case, if you’ve suffered years of injuries because of repetitive physical job duties.

Post-Termination Defense: Reported Injury and Prior Treatment

Additionally, you can file a claim based on post-termination defense. Even if your employer laid you off because of the COVID-19 pandemic, you might be entitled to compensation if:

• You reported injuries before your employer terminated you; and
• You were treated for the injuries before your employer terminated you.

Employer Knowledge: Proving the Employer Knew About the Injury

Part of proving a workers’ compensation case against an employer is “knowledge.” The employer knows about the injury if you reported it to your place of employment, or if the injuries were caused by your job.

Tolling the Statute of Limitations After Termination

Additionally, if the traumas are cumulative, you can toll – or stop – the statute of limitations for filing a workers’ compensation case if you get medical evidence of the injuries after your termination. Thus, if you never received medical treatment during the time you were working, but you received medical treatment after your employer laid you off, you may still be able to collect workers’ compensation.

Contact MB&A to File a Workers’ Compensation Claim

If you suffered from injuries while at work, contact MB&A to file a workers’ compensation claim. If you sustained injuries, including a single injury or cumulative injuries, contact us to file a claim, even if you have been laid off because of the coronavirus pandemic or other reasons. We may be able to help you file a claim, even if you didn’t get medical attention for your injuries prior to being laid off.