Longshore Attorneys’ Blog

Can You Still File a Longshore Claim After Termination?

Losing a job is stressful under any circumstances, but it becomes especially complicated when you have also suffered a workplace injury. Many maritime workers wonder whether they can still pursue longshore cases after their employment has ended. The answer, in most situations, is yes – but timing and circumstances matter greatly in protecting your rights to benefits under the Longshore and Harbor Workers’ Compensation Act.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green have helped terminated workers pursue their rightful benefits for more than forty years. They understand that job loss does not erase an employer’s obligation to provide compensation for work-related injuries, and they fight to ensure that former employees receive the full benefits the law provides.

Understanding how termination affects a longshore claim requires knowledge of both the applicable time limits and the relationship between employment status and benefit eligibility. Workers who act promptly and seek qualified legal guidance can protect their claims regardless of their current employment situation.

Statute of Limitations for Longshore Cases After Termination

The Longshore and Harbor Workers’ Compensation Act establishes specific time limits for filing claims. Under 33 U.S.C. Section 913, an injured worker generally has one year from the date of injury to file a claim. For occupational diseases or conditions that develop gradually, the one-year period typically begins when the worker becomes aware – or reasonably should have become aware – that their condition is work-related.

Termination does not change these deadlines. A worker who is fired or laid off still has the same filing period they would have had if they remained employed. However, job loss can sometimes distract workers from pursuing their claims promptly, causing them to miss critical deadlines. The stress of unemployment and the need to find new work may push injury claims to the back of a worker’s mind.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green urge any terminated worker with a potential work injury claim to seek legal advice immediately. They can evaluate the claim, determine applicable deadlines, and ensure that all necessary filings occur on time to protect the worker’s rights.

How Termination Affects Ongoing Longshore Cases

Workers who have already filed longshore claims before termination may wonder how job loss affects their pending cases. Generally, termination does not eliminate an existing claim or reduce the benefits available. The employer and its insurance carrier remain responsible for all benefits related to the work injury, regardless of the worker’s current employment status.

However, termination can complicate certain benefit calculations. Temporary total disability benefits, for example, are intended to replace wages lost due to inability to work. If a worker was terminated for reasons unrelated to their injury, the employer may argue that job loss – not the injury – is the reason the worker is not earning wages. These disputes require careful legal analysis.

The longshore attorneys at Cantrell Green in the Los Angeles area have extensive experience handling longshore cases involving terminated workers. They understand the arguments employers make to reduce benefits after termination and know how to counter these tactics effectively to protect their clients’ full entitlement.

Termination Due to Work Injury in Longshore Cases

Some workers are terminated because of their work injuries – either directly or through pretextual reasons. An employer might claim poor performance or violation of company policies when the real motivation is to avoid ongoing workers’ compensation obligations. This type of termination raises serious legal concerns and may actually strengthen certain aspects of a longshore claim.

Section 49 of the Longshore Act, codified at 33 U.S.C. Section 948a, prohibits employers from discriminating against workers who file claims or testify in proceedings under the Act. Workers who are terminated in retaliation for pursuing their legal rights may have additional remedies beyond their basic compensation claim.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green investigate the circumstances surrounding their clients’ terminations carefully. When evidence suggests retaliation or discrimination, they pursue all available remedies to protect their clients and hold employers accountable for unlawful conduct.

Claiming Benefits for Pre-Existing Injuries After Termination in Longshore Cases

Sometimes workers do not realize the full extent of their work injuries until after employment ends. A condition that seemed minor while working may worsen over time, or a worker may finally have time to seek proper medical evaluation after leaving a demanding job. These situations often lead to longshore cases filed after termination.

The Longshore Act permits claims for injuries that manifest or become disabling after employment ends, provided the underlying cause is work-related and the claim is filed within applicable time limits. Medical evidence connecting the current condition to workplace exposures or events is essential in these cases.

The longshore attorneys at Cantrell Green in the Los Angeles area help former maritime workers establish the work-relatedness of conditions that develop or worsen after termination. They work with medical experts to document the connection between workplace factors and current symptoms, building strong cases for benefits even years after employment ended.

Vocational Rehabilitation and Job Placement in Longshore Cases

Terminated workers with permanent disabilities from work injuries may be entitled to vocational rehabilitation benefits under the Longshore Act. These benefits help injured workers find new employment suited to their physical limitations, providing training and job placement assistance when necessary.

The availability of vocational rehabilitation does not depend on continued employment with the original employer. In fact, termination may actually clarify a worker’s need for these services by demonstrating that they cannot return to their previous type of work. Workers with permanent restrictions who cannot find suitable alternative employment may also qualify for permanent partial or permanent total disability benefits.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green evaluate their terminated clients’ eligibility for all available benefits, including vocational rehabilitation and permanent disability compensation. They ensure that workers receive comprehensive support for returning to productive employment despite their injuries.

Settlement Considerations for Terminated Workers in Longshore Cases

Employment termination can affect settlement negotiations in longshore cases. Employers and insurers sometimes view terminated workers as more vulnerable and may offer lower settlements, assuming the worker needs quick cash and will accept less than their claim is worth. Other times, termination simplifies settlement by removing questions about future employment with that employer.

Workers considering settlement after termination should understand that they may be giving up valuable future benefits. A settlement typically closes the claim entirely, meaning the worker cannot later seek additional compensation if their condition worsens or they need further medical treatment. Without employment to return to, the stakes of settlement decisions become even higher.

The longshore attorneys at Cantrell Green in the Los Angeles area carefully analyze settlement offers to ensure their terminated clients receive fair value for their claims. They calculate the full cost of future medical care and wage loss, taking into account that the worker no longer has a job to return to, and negotiate aggressively for appropriate compensation.

Protecting Your Rights in Longshore Cases After Job Loss

Terminated workers should take several steps to protect their longshore claim rights. First, they should document everything related to their injury and termination, including medical records, employment documents, and any communications with the employer about either topic. This documentation may become critical evidence later.

Second, terminated workers should seek medical attention promptly for any ongoing symptoms and inform healthcare providers about the work-related nature of their conditions. Medical records created after termination can still support a claim, but gaps in treatment may be used against the worker.

The skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green provide comprehensive guidance to terminated workers pursuing longshore claims. They help clients gather necessary documentation, obtain appropriate medical care, and protect their claims against employer tactics designed to minimize or deny benefits.

Longshore Attorneys | Los Angeles Area

If you have been terminated from your maritime job and have questions about your right to pursue a longshore claim, the attorneys at Cantrell Green are ready to help. With more than forty years of experience representing injured maritime workers throughout California, they understand the unique challenges terminated workers face and know how to protect their clients’ benefits regardless of employment status. Contact the skilled and experienced longshore attorneys at the Los Angeles area law firm of Cantrell Green today for a consultation to discuss your injury, your termination, and your options for obtaining the compensation you deserve.

Los Angeles Area Longshore Attorneys: 800-964-8047