Can I Get Fired for Filing a Workers' Comp Claim?

Firing an employee for filing a workers' compensation claim is illegal in California, and so is any other form of retaliation for doing so. California Labor Code Section 132a declares that it is the policy of this state that workers injured on the job should not face discrimination for exercising their legal rights. If your employer takes adverse action against you because you filed or even expressed your intention to file a workers' comp claim, they may be in violation of the law, and there could be legal remedies available to you.

The bottom line is simple: Do not let fear of retaliation stop you from claiming the workers’ compensation benefits that you have earned.

Retaliation Is More Than Just Being Fired

Many workers associate retaliation with termination, but the law casts a much wider net than just that. Retaliation includes any adverse action, or even a threat of adverse action, taken against you because of a workplace injury or workers' comp claim. Employers sometimes avoid outright termination and instead use subtler tactics designed to pressure injured workers into dropping their claims or quitting on their own.

Retaliation can include:

• Termination or threats of termination because you filed or plan to file a claim
• Demotion or reduction in job responsibilities following your injury or claim
• Reduction in pay or hours without legitimate business justification
• Unfavorable schedule changes designed to create hardship or push you out
• Hostile or unfair performance reviews used to manufacture a paper trail against you
• Denial of promotions or raises that you would otherwise have been eligible for
• Threats related to immigration status used to intimidate or silence you

Simply threatening any of these actions may also constitute a violation; your employer does not have to follow through for it to be unlawful.

What to Do If You Feel Retaliated Against

If you believe your employer is retaliating against you for filing a workers' comp claim, act quickly to try to set things right. Under California law, you generally have one year from the date of the retaliatory act to file a 132a claim with the Workers' Compensation Appeals Board, but it is recommended that you start one as soon as possible while your memory and that of any witnesses are still fresh.

Our legal team recommends that you try to:

• Document everything — Keep records of any adverse actions, including dates, what was said or done, and who was present.
• Save written communications — Emails, texts, and performance reviews related to the situation can all be important evidence.
• Note any witnesses — Coworkers who observed the retaliation or heard threats may be able to support your case.
• Do not quit — Voluntarily leaving your job can complicate your legal options; consult an attorney before making any decisions.
• Contact a workers' compensation attorney immediately — The sooner you have legal guidance, the sooner you’ll be supported.

Penalties Your Employer May Face Under Labor Code 132a

If your attorney successfully proves that your employer violated this statute, the consequences for your employer can include:

• 50% increase in your workers' compensation benefits, up to a maximum of $10,000
• Reimbursement of lost wages resulting from the retaliatory action
• Reinstatement to your prior position if you are able to perform the work
• Criminal misdemeanor charge filed against individual employers who unlawfully discharge or threaten workers for filing a claim

It is also worth knowing that in some circumstances, a broader civil lawsuit under California's Fair Employment and Housing Act may be available, which can carry additional remedies beyond what 132a provides. Your attorney will evaluate which path or paths are worth exploring.

Your Workers' Comp Benefits Do Not Stop If You Are Fired

One more thing worth knowing: being terminated after filing a workers’ comp claim does not cut off your right to workers' compensation benefits. Your claim remains active, your medical treatment should continue, and your entitlement to disability benefits is not erased by losing your job. Your employer cannot take your benefits away by firing you.

As highly experienced and widely recognized workers’ comp lawyers, our team from Pacific Workers', The Lawyers for Injured Workers frequently networks with employment law firms of similar caliber. If we’re handling your workers’ comp claim and you are penalized with unlawful retaliation, we can see if we can connect you with a retaliation attorney that we trust. Call us at (888) 740-6434 today for a free consultation.