There are various reasons for employers or Workman’s Comp carriers to contest an employee’s claim. There may be timeliness issues or injury-related issues that can lead to disputes. But one interesting question asked of our Rogers workmans comp attorney is whether it is too late to file a claim if you have already given your two week’s notice? Here is what you need to know.
How does your “two weeks notice” affect your Workermans comp claim?
Although this is likely not a very common situation, there are cases where an employee has already given their resignation notice and then they are injured on the job. Can you still file a workmans comp claim? If so, will your benefits be limited to the period of time you are still employed with that company? According to our Rogers workmans comp attorney, the answer to both questions is yes.
Consider this example. An employee gives his employer notice that he will be taking another job somewhere else and will resign effective in two weeks. This is what we all refer to as giving two week’s notice. Then, the employee is injured in a work-related accident during that two-week period. The employee’s doctor says that the injury will keep him out of work for at least 3 months.
Not only can the employee still file a workmans comp claim, but his benefits should not be limited to the remainder of the two-week period. If the claim is properly supported by the medical records, then the fact that the employee had planned to resign would not affect his workmans comp claim. Essentially, the fact that you give two weeks notice has no bearing on whether you are entitled to workers comp benefits, including lost wages.
Remember to timely file your workmans comp claim
As any Rogers workmans comp attorney will tell you, it is important to remember that reporting your injury to your employer is not the same as filing a workmans comp claim. Generally speaking, a workmans comp claim must be filed within 2 years of the date of the injury. There are a few exceptions where that deadline can be extended. However, it is never wise to delay filing your claim because you risk waiving your right to benefits. Regardless, if you were treated for a work-related injury within the last three years and you have not yet received a lump sum settlement, then you should seek the advice of a Rogers workmans comp attorney as soon as possible in order to protect your rights.
The general purpose of filing a workmans comp claim
The purpose of a workmans comp claim is to ensure that employees who become injured on the job can be reimbursed for those injuries, without having to resort to the courts. The way the system works is that the injured employee receives compensation for the work-related injuries and agrees not to file a legal action against the employer. The employee is not required to prove negligence or liability in order to be compensated for his injuries; making it essentially a no-fault system.
Workmans Comp is the exclusive remedy available
Before this system was put in place, an employee’s only remedy was to file a lawsuit, which required proof of damages. Now, nearly all employees are automatically entitled to workmans comp benefits. Likewise, the employer is automatically protected from lawsuits based on the employee’s injury. Basically, workmans comp benefits are meant to be a substitute for filing a lawsuit against the employer. In other words, if you accept workers’ compensation benefits, you waive your right to file a lawsuit.
Deciding whether to settle your workmans comp claim
In some cases, an employer will offer to settle a workmans comp claim for an amount that does not actually cover your lost wages and your medical bills. If you are concerned that the settlement offer your employer made is not sufficient, it is a good idea to consult with a Rogers workmans comp attorney. It is not always good to simply allow the workmans comp judge to determine whether the settlement is fair because they typically approve the agreement as long as it isn’t unfair.
If you have questions regarding car accidents or any other personal injury matters in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation. You can contact us either online or by calling us toll-free at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
Latest posts by Wes Cottrell (see all)
- Social Security Overpayment Statute of Limitations - October 2, 2019
- When to Hire a Workers’ Comp Lawyer - September 10, 2019
- Your Joplin Disability Lawyer Can Assist with Your Hearing - April 4, 2019