Can I Be Fired for Filing a Workers’ Comp Claim in California?

One of the most common concerns among injured workers in California is whether they can be fired for filing a workers’ compensation claim. The fear of losing one’s job can be a significant deterrent for workers who are entitled to benefits after a workplace injury. At Laguna Law Firm, we want to reassure you that California law provides strong protections for workers who file workers’ compensation claims. Here’s what you need to know about your rights and what to do if you face retaliation.

California’s Anti-Retaliation Protections

Under California law, it is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. This protection is outlined in California Labor Code Section 132a, which specifically prohibits employers from firing, threatening to fire, demoting, or otherwise discriminating against an employee because they filed a workers’ compensation claim or intend to file one.

Retaliation can take many forms, including:

1. Wrongful Termination: Firing an employee solely because they filed a workers’ compensation claim.
2. Demotion: Reducing the employee’s job status or responsibilities as punishment for filing a claim.
3. Harassment: Creating a hostile work environment to pressure the employee into quitting.
4. Reduction in Hours or Pay: Cutting the employee’s hours or pay as a form of retaliation.

These actions are illegal, and employees who experience retaliation for filing a workers’ compensation claim have the right to take legal action against their employer.

What to Do If You Are Retaliated Against

If you believe you have been retaliated against for filing a workers’ compensation claim, it’s important to take action to protect your rights. Here are the steps you should take:

1. Document the Retaliation: Keep detailed records of any retaliatory actions taken by your employer, including dates, times, and specific incidents. This documentation will be crucial if you decide to file a claim against your employer.
2. Report the Retaliation: Notify your employer’s human resources department or a higher-level supervisor about the retaliation. Sometimes, the retaliation may be the result of a misunderstanding that can be resolved internally.
3. Consult an Attorney: If the retaliation continues or if you are wrongfully terminated, it’s important to consult with an experienced workers’ compensation attorney. At Laguna Law Firm, we can help you understand your rights, gather evidence, and file a claim against your employer.
4. File a Retaliation Claim: Under California law, you can file a claim for retaliation with the Division of Workers’ Compensation (DWC). You may also have the option to file a civil lawsuit against your employer for wrongful termination or discrimination.

Potential Remedies for Retaliation

If your employer is found to have retaliated against you for filing a workers’ compensation claim, you may be entitled to several remedies, including:

1. Reinstatement: If you were wrongfully terminated, you may be entitled to reinstatement to your former position.
2. Back Pay: You may be awarded back pay for the wages you lost as a result of the retaliation.
3. Additional Compensation: In some cases, you may be entitled to additional compensation for emotional distress or punitive damages.
4. Attorneys’ Fees: If you prevail in your retaliation claim, your employer may be required to pay your attorneys’ fees.

At Laguna Law Firm, we are dedicated to protecting the rights of injured workers and ensuring that they are not subjected to illegal retaliation. We have extensive experience handling retaliation claims and can help you pursue the remedies you deserve.

Conclusion

In California, you cannot be legally fired or retaliated against for filing a workers’ compensation claim. The law provides strong protections for injured workers, and any employer who violates these protections can be held accountable. If you believe you have been retaliated against for filing a workers’ compensation claim, it’s important to take action to protect your rights. At Laguna Law Firm, we are committed to helping injured workers fight back against illegal retaliation and secure the compensation they deserve. Contact us today for a free consultation to discuss your case and learn more about how we can assist you.