Can I File a Workers’ Comp Claim After Being Fired or Laid Off in California?
Many people assume that once they’re fired or laid off, that’s it—they’ve lost the chance to file a workers’ comp claim. That’s not true.
In California, there are protections in place that allow you to file a workers’ comp claim after your job ends. But there are also rules and limitations you need to be aware of. Let’s break it down as simply as possible so you know what your options are.
1. The “Post-Termination Defense” Explained
Let’s start with the issue that trips most people up.
Under California Labor Code § 3600(a)(10), employers can use something called the post-termination defense to deny workers’ comp claims that are filed after an employee is fired, laid off, or quits.
Basically, the employer argues that the claim only came up because of the termination, not because the injury is legitimate.
That said, this defense doesn’t automatically shut down your claim. There are several important exceptions—if any of them apply to you, your case may still be valid.
This defense exists to prevent fraud, but it also creates confusion for a lot of workers. The idea behind it is that someone who didn’t report an injury while they were still on the job might be making it up. Of course, we know that’s not always true.
People delay reporting injuries all the time—because they’re scared, unsure, or simply didn’t realize how serious it was. California law recognizes that.
2. When You Can Still File a Claim After You’ve Been Let Go
Here are the five main situations where you can still file a valid claim after your job ends:
You reported the injury before being fired
If you told a manager, HR, or even a coworker about your injury before your job ended, you’re in a good position. Documentation—like an email, incident report, or even text messages—makes your case stronger. California law says you have 30 days to report a workplace injury, and if you did, your employer can’t use the post-termination defense.
You didn’t know you were injured until after you left
Some injuries don’t show up right away. Things like carpal tunnel, stress-related injuries, or chronic back issues can take time to surface. These fall under cumulative trauma, and California law gives you time to file once you discover the injury—not necessarily when it started. In some cases, you have up to five years to file.
This is especially common with repetitive motion injuries, occupational diseases, or psychological injuries. If your doctor recently diagnosed you with something work-related—even if you’ve been gone from the job for months or even years—you might still be eligible to file a claim.
You were injured during your final days of work
If the injury happened before your last day—even if you didn’t report it immediately—you might still be eligible. Whether you were working during a notice period or finishing out your last shift, the timing of the actual injury matters more than when the claim was filed.
This means even if you got hurt the same day you were laid off, the injury occurred while you were still technically an employee. The law is focused on when the injury happened, not when you filed the paperwork.
You have supporting medical records or witnesses
Even if you didn’t report the injury right away, a doctor’s records or coworker statements can help confirm that the injury happened while you were still working. This kind of evidence is often enough to push through a post-termination defense.
In some cases, a simple timeline showing your symptoms and when you first sought treatment can make all the difference. Coworker statements about the type of work you did or how you looked during your last days can also support your case.
Your termination was retaliatory or questionable
If you got fired shortly after reporting an injury, your employer may have tried to get ahead of the claim by letting you go. That’s illegal. If your firing seems suspicious or timed to avoid responsibility, talk to an attorney immediately.
California has strong laws against retaliation for workplace injury reporting.
3. Deadlines and Filing Windows You Should Know
In most cases, you need to file your workers’ comp claim within:
- 30 days of the injury (or when you first noticed symptoms)
- 1 year to submit a claim form (called a DWC-1)
But if it’s a cumulative trauma injury or an illness that developed over time, the deadline starts from the date you knew or should have known the injury was work-related. That’s called the “discovery rule,” and it can give you more time.
The Division of Workers’ Compensation has more info on how this timeline works.
Also, if you’re dealing with a denied claim or an appeal, there are separate deadlines to be aware of. Missing these can hurt your case, so it’s worth speaking to someone who knows the system.
Frequently Asked Questions
1. Can I still file if I quit my job?
Yes. As long as the injury happened while you were still working, or if you discovered the injury after leaving but it developed during your time on the job, your claim may still be valid.
2. What if my employer denied my claim?
A denial isn’t final. You can appeal and request a hearing. In many cases, employers deny claims just to see if you’ll push back. A workers’ comp attorney can help you navigate the process and gather the right evidence.
3. Does the injury have to be reported in writing?
No, but written proof helps. Even a text or email can make a difference. If there’s no written report, medical records or witness testimony can still support your case.
4. I was laid off months ago—am I too late to file?
Not necessarily. If you only recently discovered the injury or just made the connection to your past work, you may still have time. Talk to a professional to be sure.
Need Help Navigating a Post-Termination Workers’ Comp Claim?
Filing a workers’ compensation claim after being fired or laid off in California can be challenging—but it’s far from impossible. These claims often involve more scrutiny, and employers may push back harder. That’s why it’s essential to have knowledgeable legal support on your side.
At Fontes Law Group, we understand the complexities of post-termination claims and are here to help you protect your rights. Our experienced Workers’ Compensation lawyers in Santa Ana provide compassionate, bilingual legal support to injured workers throughout Southern California. We offer free consultations and only get paid if we win your case, so there’s no upfront cost to you.
Let us take the legal burden off your shoulders—so you can focus on your recovery and future. Contact us today to find out how we can help.
Final Thoughts
Getting fired or laid off doesn’t erase what happened to you at work. If you were injured, you still have rights—and there are laws in California that protect you.
Don’t assume it’s too late just because your job ended. If something feels off, or your body’s telling you that the work caused damage, get it checked out. Then take the next step.
If you need help figuring out if your claim still stands, it’s worth having a conversation with someone who knows how to navigate the workers’ comp system. You may still have a strong case—and the support to prove it.