Mass Layoffs and Workers’ Compensation Rights

• Jan 08, 2025
• Blog
• Michael Burgis & Associates, P.C

If you’ve been laid off but believe you have a workers’ compensation case, Michael Burgis of Michael Burgis and Associates explains in the video below how you may still be able to file a claim.

One of the common challenges you may face is the Post Termination Defense, which can bar claims filed after being notified of termination. However, there are exceptions and ways to navigate this defense, particularly through the concept of Cumulative Trauma.

At Michael Burgis & Associates, we are dedicated to helping you navigate your workers’ compensation rights. You may be entitled to substantial compensation, and our team is ready to assist you.

Transcript: 

Filing a Workers’ Compensation Claim After Layoffs

Hi, I’m Michael Burgis of Michael Burgis and Associates. I’ve been getting a lot of phone calls regarding mass layoffs and whether there’s workers’ compensation rights or not.

Post-Termination Defense

Let me first off tell you that there is a defense called a post-termination defense. And technically, if you have knowledge that you’re going to be terminated or laid off, and you subsequently filed a claim, it is generally barred.

Exception for Cumulative Trauma

However, what they won’t tell you is there is an exception and there’s a way to get around this. Ultimately, it’s utilizing something called Labor Code §5412 and what’s called a cumulative trauma.

But if as the result of your physical, repetitive job over time, you’ve sustained orthopedic injuries, you likely have a viable workers’ comp claim, even if they’ve told you that you’re going to get laid off or terminated.

Contact Us About Your Workers’ Comp Rights After Layoffs

So if you have any questions or concerns, you may be entitled to substantial compensation.

Give us a call. We’re standing by.