Many times, an injury occurs in a job and you don’t realize you’ve been hurt until much later. This often happens with chronic injuries such as a strained back or neck or repetitive motion injuries such as carpal tunnel syndrome. If you’ve left the job that you feel caused the injury, you may wonder if you can file a workers’ compensation claim. In many cases, you can file a claim even though you are no longer employed with that employer.
Where the Injury Occurs
A workers’ compensation claim is based on the injury occurring in the workplace. With many injuries, this is obvious. For instance, you may get hurt when you are cut on a machine at work, or you may fall in the office and break your ankle. These injuries require immediate attention.
With other injuries that are chronic in nature, you may not realize there is a problem until much later. For example, carpal tunnel syndrome is caused by repetitive motions such as typing. It doesn’t happen just once but develops over time. However, because tasks at work caused your injury, you would be able to file a workers’ compensation claim.
The Process
You need to file a claim with your former employer and use the proper form. This means contacting your former employer to get the necessary paperwork. The workers’ compensation insurance carrier for your previous employer may try to claim that the injury did not happen at work. You may need to provide evidence that the injury did, in fact, occur while you were employed by this employer and while you were performing job-related duties.
You should get a medical evaluation to show that you have the injury and to determine the underlying cause of the injury. You may be able to see your own physician, but you may also be required to go to an approved workers’ compensation doctor.
Expect to have a fight on your hands if you are filing a claim against a former employer. You will need to protect your rights and ensure the process moves along. In this situation, it is best to work with an experienced Miami workers’ compensation attorney who can provide legal advice on what you should do and should not do regarding a workers’ comp claim against a former employer.
Keep copies of all paperwork regarding your case, whether from a doctor or the insurance company. Always talk to your Miami workers’ comp attorney before you speak with anyone else about the details of your case. Be prepared to have the claim adjuster working to deny your claim, but don’t give up. Filing a claim with your former employer can be a difficult process, but you are entitled to benefits for any workplace injury, regardless of whether you still work for the employer.
Call a Miami Workers’ Comp Attorney for A Free Appointment
If you are filing a workers’ comp claim against a former employer, our Miami workers’ comp lawyer can help. You can contact The Broderick Law Firm, P.L. a free workers’ comp consultation by calling 1-800-333-3903.