Can You File Workers' Comp After You've Left the Company?

Some illnesses and injuries take years to show symptoms. When those conditions are directly caused by the demands of your job or the hazards of your workplace, it’s important that you hold the employer accountable and pursue the compensation you’re entitled to. But these injuries can take time to manifest, which raises the question: can you file workers’ compensation after you’ve left the company? It depends.

Making Your Case

It’s much easier to file a workers’ compensation claim when you suffer an injury on the job. That’s because, you can usually file a workers’ comp claim for an injury whenever you’re clocked in, even if you’re not on the job site.

Proving a long-term injury or illness after you’ve left the company or retired is much more difficult and is more likely to face resistance from the insurance companies. That’s because you not only need to demonstrate your ailment, you need to demonstrate that it is the direct result of your work for that employer.

Telling Your Story

Say you worked in a factory where asbestos was used and years later were diagnosed with mesothelioma. Although the connection between asbestos and mesothelioma is well-known, the insurance companies may argue that you were exposed to asbestos in other environments, maybe even in your own home and therefore they are not to blame. In these cases, you and your attorney would need to demonstrate it’s more likely than not your workplace exposure to asbestos caused your illness.

The same applies to long-term injuries. If you are a typist who develops severe or debilitating carpal tunnel syndrome after retirement, the insurance company will likely examine your personal life to determine if your hobbies and lifestyle could have caused the injury. Even if your carpal tunnel was developed through work, it can be very difficult to make your case without the help of an experienced workers’ comp attorney.

Your attorney can help you better understand your options to pursue justice after a longterm injury or illness so you can get the compensation you need to cover your medical bills and pain.

If you’d like to schedule a free case consultation with an experienced Kentucky workers’ comp attorney who will work tirelessly on your behalf, don’t hesitate to send us an email or call (270) 423-0023.