Workers' compensation is a form of insurance provided by the employer to the employees. This protects the employee as it allows for wage replacement and benefits to the injured in exchange for mandatory relinquishment of the employee's rights to sue for negligence. With that being said, there are layers that go into workers' compensation laws.
What Happens if the Employer Retaliates?
The California Labor Code 132a forbids an employer from retaliating against an employee should they file for a workers' compensation claim. Thankfully, if an employer retaliates, they have to face criminal prosecution for a misdemeanor charge. With that, the employee can be given money damages, such as lost wage, attorney fees, back pay, and even reinstatement.
However, not all workers' compensation claims go smoothly, and there are times — even with the Labor Code 132a — when the employer will still retaliate. In cases such as this, it's best to speak to a credible workers comp attorney to ensure that proper procedures are in place for you to get justice.
When your employer retaliates, it can be both an overwhelming and incredibly frustrating experience. However, it pays to know what you should do if such an event happens. In this article, we'll share with you vital information that could help you deal with an employer who retaliates against you when filing a workers' compensation claim. Let's get to it!
What is the California Labor Code 132a?
The California Labor Code 132a is a policy that prohibits employers from discriminating against workers who are injured in their workplace. The labor code protects the employee as it damages if they were discriminated against for filing or wish to file a workers' compensation claim.
Under this, Labor Code 132a provides penalties to the employer who fires or threatens to fire an employee for filing a claim or even threatens an employee who is testifying for a claim. With that, you should know that you can sue your employer and can be charged with a misdemeanor.
The California Labor Code 132a also applies to workers' compensation insurance companies who advise, direct, or even threaten the employer to fire an employee because of a claim. Additionally, insurance companies are not allowed to cancel or raise the employer's insurance premiums to get the employer to discharge an employee due to a workers' compensation claim.
What is a Workers' Compensation Discrimination Claim?
If you think you're being discriminated against by your employer because you're filing for a claim, you need to get legal assistance immediately. Your worker's compensation attorney will guide you through what you can do should your employer retaliate.
To make a workers' compensation discrimination claim, here's what you need to establish:
- You must have filed or shown your intention of filing a claim for compensation;
- You have received an award, settlement, or rating in a compensation claim;
- Your employer has threatened to fire or discriminate against an employee due to injury or intention to file or filing a worker's claim.
Here are some actions against employees that you should take note of that is considered as discrimination:
- Reduced work hours, hourly pay, or salary;
- Change in work duties;
- Schedules work hours in a time that the employer knows the employee cannot work;
- Failure to promote the employee;
- Constructive discharge;
- Denial of benefits;
- Encouraging other employees to punish and discriminate against an employee, and;
- Threatening to report the employee for immigration violations.
Work with a Reputable Workers' Compensation Attorney
Seeing as filing a workers' comp claim and dealing with Labor Code 132a can be complex. Working with a reliable workers' comp attorney can help you with your case and receive the justice and support you need.
How Can We Help You?
If you're looking for work comp attorneys in Northern California, Pacific Workers is here for you—we are the lawyers for injured workers.
We offer legal services, for workers' compensation and personal injury for business professionals, airline workers, firefighters, health workers, police officers, union workers, and more. Chat with us online or give us a call today at 800-606-6999 and get a free consultation!