Filing a workers’ comp claim is your legal right in California. If your employer fired you, demoted you, cut your hours, or retaliated against you in any way for exercising that right, they broke the law — and you have legal recourse.
What Counts as Workers’ Comp Retaliation?
Under California Labor Code Section 132a, employer retaliation includes any adverse action taken because you:
- Filed a workers’ comp claim
- Told your employer about a work injury
- Cooperated in a workers’ comp investigation
- Testified in a workers’ comp proceeding
Examples of Illegal Retaliation
- Being fired shortly after filing your claim
- Being told “we don’t have a position for you anymore”
- Being given impossible work restrictions they know you can’t meet
- Being moved to a worse shift, location, or position
- Receiving a sudden negative performance review
- Being pressured to resign
- Being denied a promotion you were in line for
What You Can Recover in a 132a Claim
- Back pay — all wages and benefits lost due to the retaliation
- Reinstatement — getting your job back
- $10,000 penalty — increased compensation under 132a
- Attorney fees — your legal costs are covered
You May Also Have a Wrongful Termination Lawsuit
In addition to a 132a claim through the WCAB, you may be able to file a civil wrongful termination lawsuit for firing in violation of public policy. A civil lawsuit can provide additional damages including:
- Emotional distress damages
- Punitive damages (to punish the employer)
- Lost future earnings
Injured at Work? Get a Free Case Review Today.
Certified Workers’ Comp Specialist with 20+ years of experience. You pay nothing unless we win.
How to Protect Yourself
- Document everything — keep copies of all communications, performance reviews, and schedules
- Don’t quit — being fired gives you stronger legal claims than resigning
- Save evidence — texts, emails, voicemails from supervisors
- Contact a lawyer immediately — time limits apply to retaliation claims
Your Workers’ Comp Benefits Continue
Even if you’re fired, your workers’ comp claim continues. You’re still entitled to all medical treatment, disability benefits, and settlement compensation. Being fired does not end your case.
Fight Back Against Retaliation
Attorney Eman Yazdchi has 20+ years of experience handling employer retaliation cases across California. If you’ve been fired or punished for filing a workers’ comp claim, call Yazdchi Law for a free consultation today.
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