Fired After a Workers’ Comp Claim? Retaliation Lawyer in San Diego

What Labor Code 132a provides

California Labor Code section 132a makes it illegal for an employer to discriminate against a worker for filing a workers’ comp claim, for saying they plan to file one, or because the worker was hurt on the job. It also protects workers who receive an award or testify in a case.

A 132a claim is filed with the Workers’ Compensation Appeals Board, usually alongside your regular comp case. To win, you generally have to show that the employer treated you worse because of the work injury or the claim. The employer can answer that it had a legitimate business reason, such as a layoff that would have happened anyway. If the judge finds a violation, the remedies may include:

• Reinstatement to your job
• Reimbursement for lost wages and work benefits
• An increase in your workers’ comp benefits, up to a limit set by law, plus some costs

These claims have their own deadline, generally one year from the discriminatory act, so don’t wait to see whether things get better on their own.

Your workers’ comp case keeps going

Losing your job doesn’t end your workers’ comp claim. If you were hurt at work, you may still be owed medical care, temporary disability while your doctor keeps you off work, and a permanent disability rating once your condition stops improving. A claim first filed after a layoff or termination notice faces extra legal hurdles, which is one more reason to report an injury as soon as it happens.

Other claims may also apply

What happened to you may also break other California employment laws, such as rules against disability discrimination or the duty to accommodate work restrictions. Those claims are brought in a different forum, with different deadlines. We focus on the workers’ comp side, and we can tell you when it makes sense to talk with an employment lawyer as well.

Common problems with retaliation claims

Retaliation cases turn on evidence, and employers rarely put the real reason in writing. These are the disputes we see most often:

• A paper trail written after the fact. Write-ups, attendance points or a bad review that show up only after you report an injury.
• “It was a layoff.” The employer says your position was cut. The question becomes who else was let go, and why you were chosen.
• Ignoring your work restrictions. Being told to lift, climb or work overtime against your doctor’s orders, then disciplined when you can’t.
• No light duty, then no job. The employer says it had no modified work for you, and a termination follows.
• Pressure not to file. A supervisor who discourages a claim, or sends you to your own doctor and health insurance instead.
• Lost time. Workers who wait months hoping to be rehired, while the one-year deadline keeps running.

Keep copies of anything in writing: texts, schedules, pay stubs, doctor’s notes and the termination letter if you got one. Write down dates and names while you still remember them.

When to call a lawyer about retaliation

Call us if any of these apply to you:

• You were fired, laid off or demoted after reporting an injury or filing a claim
• Your hours or pay were cut once you came back on modified duty
• Your employer told you not to file, or warned you about what would happen if you did
• Your workers’ comp claim was denied after you lost your job
• You’re being asked to sign a resignation or a release as part of a workers’ comp settlement
• Months have passed since you were let go, and you haven’t talked to anyone yet

A case review is free and confidential. We can explain where a Labor Code 132a claim fits in your case, and what else may be available. You can also see the other types of workers’ comp claims we handle.