In California, and most other states, it’s illegal for your employer to retaliate against you for filing a workers’ compensation claim. If you were injured at work and filed a workers’ comp claim, your employer can’t discipline, fire, threaten to fire, or take other negative actions against you. However, an employer can take some of these actions if they’re based on legitimate business reasons. These reasons include:
- Performance problems prior to injury
- Financial difficulties within the company
- Department layoffs or cutbacks
How Do I Know If I Was Fired Because of My Claim?
It can be difficult to determine whether or not you are being discriminated against by your employer for filing a workers’ comp claim. However, there are signs to look out for that might indicate you are being retaliated against. These include:
- Negative comments made by management
- Pressure from your employer to forego your rights
- Suspicious timing of termination
- Invalid or inaccurate reasoning for termination
There are laws to protect workers’ rights. In fact, California Labor Code 132a makes it a misdemeanor crime for employers who retaliate against injured workers. If you’ve been fired as an act of retaliation for your claim, you can be eligible for additional compensation or even be reinstated to your job and receive payment for your lost wages. Under California law, if your employer is found to have discriminated against you due to your workers’ comp claim, you can potentially be eligible for an additional 50% of your benefits, up to $10,000.
Seek Legal Assistance
If you believe you’ve been retaliated against for filing a workers’ comp claim, you should immediately speak with an attorney. In addition to workers’ comp, other laws might apply to your case as well, and an experienced lawyer can help determine a legal strategy that fits your specific situation. Our Firm has 130+ years of combined experience handling workers’ compensation cases. You deserve all of the benefits you have a right to under the law. Our attorneys will provide you with stellar representation and fight for the benefits you deserve.
Call (800) 848-6288 today, or contact our Bakersfield team of workers’ compensation lawyers to get started!