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Workers’ Comp Retaliation Lawyer in Casa de Oro-Mount Helix

Attorney Eman Yazdchi is a Certified Specialist in Workers’ Compensation Law by the State Bar of California Board of Legal Specialization. He aggressively represents workers throughout San Diego County and Southern California who have been retaliated against for exercising their right to workers’ compensation benefits. Call (661) 273-1780 for a free consultation.

California Labor Code §132a: Full Protection Against Retaliation

Labor Code §132a is California’s primary anti-retaliation statute in the workers’ compensation context. It provides:

“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.” — California Labor Code §132a

Under §132a, it is unlawful for an employer to discharge, threaten to discharge, or in any manner discriminate against any employee because the employee:

• Filed or made known their intention to file a workers’ compensation claim
• Received a workers’ compensation rating, award, or settlement
• Testified or made known their intention to testify in another employee’s workers’ compensation case

What Constitutes Retaliation Under California Law?

Retaliation is not limited to outright termination. Any adverse employment action taken because of your workers’ compensation claim can constitute illegal retaliation:

• Termination: Being fired after filing a claim or returning from injury leave
• Demotion: Being moved to a lower position with less pay or responsibility
• Reduction in hours or pay: Having your schedule cut or your hourly rate reduced
• Harassment or hostile work environment: Being subjected to verbal abuse, isolation, or negative treatment by supervisors or coworkers because of your claim
• Denial of promotion: Being passed over for advancement opportunities available to similarly situated employees
• Forced resignation: Being pressured to quit through intolerable working conditions (constructive discharge)
• Refusal to accommodate restrictions: Failing to offer modified or light duty work when it is available
• Negative performance reviews: Receiving poor evaluations that are not based on actual job performance but are tied to your claim

Damages Available Under Labor Code §132a

If you prevail on a §132a retaliation claim, you may receive:

• 50% increase in workers’ compensation benefits: Your total workers’ compensation award (temporary disability, permanent disability, and medical treatment) can be increased by up to 50%
• Back pay: Lost wages from the date of the retaliatory action to the date of the decision
• Reinstatement: You may be reinstated to your former position with full seniority and benefits
• $10,000 penalty: The employer pays a $10,000 penalty directly to the injured worker
• Costs and expenses: Reasonable costs of the proceeding, including attorney’s fees

Proving Retaliation: The Burden of Proof

To establish a §132a claim, you must prove:

1. Protected activity: You filed (or intended to file) a workers’ compensation claim, received benefits, or testified in a workers’ compensation proceeding
2. Adverse action: Your employer took a negative employment action against you (termination, demotion, reduction in hours, etc.)
3. Causal connection: The adverse action was motivated, at least in part, by your protected activity

While the burden of proof is on the employee, circumstantial evidence can be used to establish the causal connection. Common evidence includes:

• Timing: The adverse action occurred shortly after the claim was filed or the employee returned from injury leave
• Disparate treatment: Other employees who did not file claims were treated more favorably
• Pretext: The employer’s stated reason for the adverse action is inconsistent or pretextual
• Statements: Comments by supervisors expressing frustration about the workers’ compensation claim or the employee’s injury

How to File a Workers’ Comp Claim in Casa de Oro-Mount Helix

1. File an Application for Adjudication of Claim (if one is not already on file)
2. File a Petition for Discrimination/Retaliation under Labor Code §132a
3. Serve the petition on your employer and their workers’ compensation insurance carrier
4. Attend a hearing before the WCALJ, presenting evidence of the retaliatory conduct

Protections for Undocumented Workers

Under California Labor Code §1171.5, undocumented workers have the same rights to workers’ compensation benefits as any other employee. This includes the right to file a §132a retaliation claim. An employer cannot use an employee’s immigration status as a defense to a retaliation claim, and threatening to report an employee to immigration authorities because they filed a workers’ comp claim is itself illegal retaliation.

Statute of Limitations for §132a Claims

The statute of limitations for filing a §132a petition is generally one year from the date of the discriminatory act. However, because the filing is through the WCAB and is connected to your underlying workers’ compensation case, Attorney Yazdchi will ensure the petition is filed promptly to preserve all of your rights.

San Diego County Workers’ Comp Retaliation Resources

Retaliation claims for workers in Casa de Oro-Mount Helix are heard at the WCAB district office serving San Diego County. Attorney Yazdchi has extensive experience litigating §132a claims and has successfully secured reinstatement, back pay, and penalties for workers who were illegally retaliated against.

Common Questions About Workers’ Comp Retaliation in Casa de Oro-Mount Helix

More Workers’ Compensation Services in Casa de Oro-Mount Helix

Attorney Eman Yazdchi, Certified Specialist in Workers’ Compensation Law by the State Bar of California Board of Legal Specialization, provides comprehensive legal services for injured workers in Casa de Oro-Mount Helix and throughout San Diego County.

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