Can You Get Workers' Comp After Leaving Your Job?

Employees have a right to workers' compensation after an injury or illness that occurs in their workplace. If you get fired, quit, or resign your job, you can still get benefits. Any workers' comp payments or medical benefits you're already receiving will also continue if you leave your job. Read on to learn how leaving a job can impact your eligibility for workers’ comp.

Can you file for workers’ comp after leaving your job?

Yes, you can file for workers’ compensation after leaving the job where your injury occurred. It doesn't matter if you left your job because workers' comp is based on your employment status at the time of your injury. Since it's also a type of insurance, receiving proper benefits is ultimately between you and the insurance company, not you and your employer.

The major caveat is that you can only get benefits if you reported the injury to your employer within the reporting deadline.

Here are a few resources that could help you through the process:

• How to properly report a work injury

• How to file a claim in every state

• How long you have to file a claim in every state

Can my employer fire me after a work injury?

Legally, an employer cannot fire you because you got injured or because you filed a workers’ comp claim.

An exception is if your injury was the result of breaking clear rules or safety protocols at work, like consuming alcohol during work hours or operating machinery without permission.

Every state except Montana has at-will employment laws, meaning your company can terminate your employment at any time for any reason. At-will employment doesn't allow for discrimination or retaliation for filing a workers' comp claim. Contact an employment lawyer if you believe you have a wrongful termination case.

Read more about who can get fired on workers' comp.

Collecting workers’ comp after being fired

You can still collect workers’ comp benefits if your employer fires you, terminates your employment, or forces you to resign after a workplace injury.

If you already started getting benefits before you left, your payments and medical coverage should continue without any changes. The benefits are paid by your former employer’s insurance company, so it doesn’t matter if you stop working there.

If you haven’t started receiving workers' comp before leaving your job, it is essential to do the following:

• Prove the injury happened at work before you leave. In addition to medical treatment records, witness statements and video footage of the workplace incident can strengthen your case when applying for workers’ comp benefits.

• Notify your employer within the time frame. You're only eligible for workers' comp if you report the injury to your employer before your state's reporting deadline. The deadline varies by state and you may only have a few days. Regardless of almost anything else, you will lose the right to benefits if you don't report the incident soon enough.

• File a claim within the time frame. If you're eligible for workers' comp benefits but you haven't filed a claim yet, make sure to do so before the statute of limitations for filing has passed. Most states give you at least one year from the injury date. If you're having a difficult time getting a former employer to help you file, you may need to file a claim yourself.

What happens if you get fired while on workers’ comp?

If you get fired when you’re already on workers’ comp, you should continue to receive your payments and medical coverage. After the insurance company approves your application and you begin receiving workers’ comp, your benefits are between you and the insurance company — not your employer.

Any time your income increases while on workers’ comp — like if you move to a job that pays more or start working an additional job — notify the insurance company. Income changes will affect how much you receive in weekly payments and potentially how much longer your payments last. If your income increases and you don't tell the insurance, you may need to pay back some of your benefits.

Will I lose workers’ comp if I quit my job?

You should not lose your workers’ compensation benefits if you quit your job or resign. Workers’ comp claims are dependent on your employment status at the time of the work injury, so benefits should continue.

The main exception is that if your employer offers you light-duty or modified-duty work and you choose to quit instead of taking that work, your benefits will most likely end. Unfortunately, you cannot turn down any light-duty work as long as it meets the requirements set by your treating physician.

What if my former employer doesn't cooperate?

Filing for workers’ comp with a former employer may become difficult, especially if you didn't leave on good terms. However, you're entitled to workers' comp benefits after a work injury. If you need filing a claim with a former employer, find an experienced workers' comp lawyer because they'll know the best way to move your claim forward.

Get help with your claim today

Whether you’re thinking about quitting or have recently been fired, working with a lawyer is one of the best ways to get help with your workers’ comp claim. An lawyer can evaluate your injury and your employment status to determine the best path forward for your medical care and your workers’ comp benefits.

Atticus can also answer questions you have about workers' comp or about hiring a lawyer. Take our quick workers’ comp quiz to get started. Then our team will reach out to learn more about your situation, answer your questions, and connect you with a lawyer if it's right for your case. (Getting connected is free, your initial consultation is, and you only have to pay your lawyer if they win you benefits.)

Find a workers' comp lawyer near you

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Related resources:

What Is Workers' Comp & How Does It Work?

By Victoria Muñoz

What to Do if You're Injured at Work

By Victoria Muñoz