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Post termination claim in California?

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  • Post termination claim in California?

    I have a quick question. My daughter was terminated from her job almost a year ago. During her brief employment there (3-4 months)she injured her back picking up 50+ lb. boxes of frozen food. Despite me telling her to notify her boss, she didn't want them to get mad at her so she never said anything to them about it. However, several co-workers are aware that she injured herself and would pick up the boxes after that for her. She was later terminated (about 2 weeks later)for coming to work intoxicated (she had made some bad decisions and has since quit drinking...). She continued having back problems, and several months later she fell at home trying to catch a runaway dog and had a pretty good bruise to her tail bone. We had her x-rayed but it showed no fracture or spinal injury.

    Several months later she's continuing to experience pain which is causing her lumbar spasms. I'm calling her doctor tomorrow to see if we can get an MRI. I'm worried about her because she's only 22 yrs old and has no health insurance. I know that post termination claims are almost always denied unless you can prove that you notified your employer of the injury before the accident and I believe the statute of limitations is only 1 yr which would put her over by about a month. Is there any other recourse that we have so she could at least receive medical benefits as this did happen at work.

    Any advice would be appreciated.

  • #2
    All she can do is try to submit a workers comp claim now and see what happens. If you're asking about a lawsuit, no, she can't sue the employer; workers comp was her sole resource and she failed to take advantage of it. If the employer had taken adverse action against her for filing a workers comp claim she would have had legal recourse. It was her responsibility to file that claim and she didn't do it. She may have to suffer the consequences of that failure.

    I'm not unsympathetic and I'm not trying to say that the injury was her own fault, but when you don't take action within the statute of limitations, you don't get to backtrack later.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Completely understood. Thank you so much for your response.

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