People who are injured on the job have the right to compensation for medical bills, lost wages, and other expenses associated with their work-related injuries. Workers’ compensation is a legal right, not just a privilege. Unfortunately, some employers actively discourage their employees from filing workers’ comp claims when they’re injured at work. There are even some employers who go so far as to demote, dock pay, or reduce hours for workers who apply for benefits through the workers’ comp system. In California, this is not just wrong, it’s illegal.
WORKERS’ COMP RETALIATION IS ILLEGAL
Under California law, injured workers are protected against any retaliation for involvement in a workers’ compensation case. This means it is illegal for an employer to fire, threaten to fire, or take any retaliatory action against an employee for:
Filing a workers’ comp claim
Declaring the intention to file a claim
Receiving workers’ comp benefits
Missing work due to a work-related injury
Testifying on behalf of another employee in a workers’ comp case
California Labor Code Section 132a states, “It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.”
FORMS OF RETALIATION MAY INCLUDE:
Employment termination
Demotion
Suspension
Negative reassignment or transfer
Unjustified reduction in hours
Unjustified pay reduction
Verbal intimidation
Disciplinary actions or threats
Refusal to promote
Reporting or threatening to report immigration status
Unfair treatment in regard to vacation time, leaves of absence, or shift requests
Unwarranted negative performance reviews
An employer who violates this law may be found guilty of a misdemeanor, and the employee may receive additional benefits up to $10,000. The employee may also be compensated for lost wages, and, if terminated or demoted, reinstated to their former position.
WHAT TO DO IF YOUR EMPLOYER HAS RETALIATED AGAINST YOU
If your employer retaliated against you for your involvement in a workers’ compensation case, it’s important that you speak up and seek justice. Here are some steps you can take in the event of workers’ comp retaliation:
CONTACT A WORKERS’ COMPENSATION ATTORNEY
Retaliation cases are difficult to prove, and attempting to do so on your own is likely to be frustrating and overwhelming. Most workers’ comp lawyers will offer a free consultation to determine the strength of your case. Some will also take their legal fees out of your settlement so you do not have to pay any up-front or out-of-pocket fees.
DOCUMENT EVERYTHING
The more information and documentation you have to support your retaliation case, the better. If you decide to work with a lawyer, they’ll tell you exactly what kind of information and documentation to collect. These may include emails or other other communications, witness statements, photographs, pay stubs, anything that supports your case. (If you do have witnesses, you can inform them that the law protects them as well. Retaliation for testifying on behalf of someone else in a workers’ comp case is illegal.)
FILE A LABOR CODE 132A PETITION
This petition must be filed within a year of the date you were fired or the discriminatory act took place. If you don’t already have a Workers’ Compensation Appeals Board (WCAB) case open, you’ll need to start by opening one. Your workers’ comp attorney will help you with every step of this complex process. If you’re working on your own, you can follow this guide, which details each step and provides links to each form.
People who are injured on the job have the right to compensation for medical bills, lost wages, and other expenses associated with their work-related injuries. Workers’ compensation is a legal right, not just a privilege. Unfortunately, some employers actively discourage their employees from filing workers’ comp claims when they’re injured at work. There are even some employers who go so far as to demote, dock pay, or reduce hours for workers who apply for benefits through the workers’ comp system. In California, this is not just wrong, it’s illegal.
WORKERS’ COMP RETALIATION IS ILLEGAL
Under California law, injured workers are protected against any retaliation for involvement in a workers’ compensation case. This means it is illegal for an employer to fire, threaten to fire, or take any retaliatory action against an employee for:
- Filing a workers’ comp claim
- Declaring the intention to file a claim
- Receiving workers’ comp benefits
- Missing work due to a work-related injury
- Testifying on behalf of another employee in a workers’ comp case
California Labor Code Section 132a states, “It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.”
FORMS OF RETALIATION MAY INCLUDE:
- Employment termination
- Demotion
- Suspension
- Negative reassignment or transfer
- Unjustified reduction in hours
- Unjustified pay reduction
- Verbal intimidation
- Disciplinary actions or threats
- Refusal to promote
- Reporting or threatening to report immigration status
- Unfair treatment in regard to vacation time, leaves of absence, or shift requests
- Unwarranted negative performance reviews
An employer who violates this law may be found guilty of a misdemeanor, and the employee may receive additional benefits up to $10,000. The employee may also be compensated for lost wages, and, if terminated or demoted, reinstated to their former position.
WHAT TO DO IF YOUR EMPLOYER HAS RETALIATED AGAINST YOU
If your employer retaliated against you for your involvement in a workers’ compensation case, it’s important that you speak up and seek justice. Here are some steps you can take in the event of workers’ comp retaliation:
- CONTACT A WORKERS’ COMPENSATION ATTORNEYRetaliation cases are difficult to prove, and attempting to do so on your own is likely to be frustrating and overwhelming. Most workers’ comp lawyers will offer a free consultation to determine the strength of your case. Some will also take their legal fees out of your settlement so you do not have to pay any up-front or out-of-pocket fees.
- DOCUMENT EVERYTHINGThe more information and documentation you have to support your retaliation case, the better. If you decide to work with a lawyer, they’ll tell you exactly what kind of information and documentation to collect. These may include emails or other other communications, witness statements, photographs, pay stubs, anything that supports your case. (If you do have witnesses, you can inform them that the law protects them as well. Retaliation for testifying on behalf of someone else in a workers’ comp case is illegal.)
- FILE A LABOR CODE 132A PETITIONThis petition must be filed within a year of the date you were fired or the discriminatory act took place. If you don’t already have a Workers’ Compensation Appeals Board (WCAB) case open, you’ll need to start by opening one. Your workers’ comp attorney will help you with every step of this complex process. If you’re working on your own, you can follow this guide, which details each step and provides links to each form.
If you’ve been injured on the job, it’s your legal right to receive workers’ compensation to help cover your expenses while you recover. If your employer has taken retaliatory action against you for doing so, the best way to ensure that you get the justice you deserve is to seek the help of an experienced workers’ compensation attorney.
WORKERS’ COMP RETALIATION ATTORNEY IN SAN DIEGO
At The Law Office of Matthew Russell, we’ve maintained a commitment to fight on behalf of injured workers for a collective 45 years. Our specialized skill and experience with California workers’ compensation gives us a deep knowledge that has helped thousands of honest, working people just like you navigate the system and get the maximum benefits they’re entitled to. If your employer has retaliated against you for filing for or receiving workers’ comp benefits, or even just stating your intention to file a claim, we can help.
What Should I do if I get injured on the job in San Diego
We’ll handle everything related to your case, fight zealously on your behalf, and keep you informed every step of the way. Call (619) 544-1506 to schedule a free consultation today.