“Eman at Yazdchi Law was extremely professional, responsive, and supportive at all times. He and his staff exceeded all of my expectations.”
Andrea Dalessandro
Lomita Workers' Comp Retaliation Lawyer in California
Certified Specialist (CA Bar)No Fee Unless We Win — Costs May ApplyMillions RecoveredSe Habla Español
- Years of Practice
- 14+
- Cases Handled
- 500+ over 14+ years of practice
- Recovered
- $7M+ over 14+ years of practice
- Bilingual + Farsi
- English + Español + Farsi
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
How does §132a retaliation work in Lomita?
Lomita retaliation cases bring job reinstatement, back wages, and a 50% penalty on top of the underlying workers' comp award at the LA WCAB.
A Lomita worker fired, demoted, or punished after filing workers' comp is entitled to job reinstatement, back wages, and a fifty-percent penalty on top of the underlying award. California's anti-retaliation rule protects auto-shop, retail, and South Bay light-industrial workers alike. Lomita petitions are filed and heard at the LA WCAB on West 4th Street. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) prepares each one.
Under California Labor Code §132a — California's anti-retaliation rule that makes it unlawful to discharge, threaten, demote, cut hours, or otherwise discriminate against an employee who filed or made known an intention to file a workers' compensation claim — a Lomita worker fired, demoted, denied a promotion, or otherwise retaliated against has one year from the date of the discriminatory act to file a Petition for Discrimination at the Los Angeles WCAB at 320 W 4th Street, Los Angeles. The §132a remedy is independent of the underlying workers' compensation claim — even a denied or contested claim supports a §132a petition.
The legal requirements: the worker must show (1) they suffered an adverse employment action (termination, demotion, punitive schedule change, refusal of modified duty, or other material change), (2) the employer knew the worker had filed or intended to file a comp claim, and (3) a causal link exists — the claim filing was at least a contributing cause of the adverse act. Causation is the fight. Under California Labor Code §5551, the WCAB retains jurisdiction over §132a petitions even when the underlying comp case has closed. California Labor Code §3551 — the employer's mandatory posting and notification duty that requires a DWC-1 form within one working day of notice of injury — and California Labor Code §5401 — the 24-hour DWC-1 form delivery requirement — create the paper trail that establishes timing: was the DWC-1 filed before the adverse action? That sequence is the first document the §132a file needs.
The §132a remedy: the WCAB award adds 50% to the underlying workers' compensation award (up to a $10,000 increase) plus costs and expenses. If the worker was terminated, reinstatement to the same position or a comparable one is available. Lost wages from the date of the retaliatory termination through reinstatement are recoverable. Under §132a, the employer and insurer are jointly liable for the award — the insurer cannot escape the penalty by blaming the employer. California Labor Code §244 — the rule that bars threatening immigration-status reporting as retaliation for asserting a Labor Code right — applies whenever a Lomita employer uses undocumented status to chill the §132a petition, and California Labor Code §3351 — California's coverage rule reaching every worker regardless of immigration status — confirms the petition is available to every Lomita worker without exception. Call (661) 273-1780.
What does Labor Code §132a actually do for a Lomita retaliation victim?
The petition requires proof of a filed comp claim, adverse employer action, and a timing-and-motive link between the two events.
California Labor Code §132a is California's workers' compensation anti-retaliation statute. The 2026 California Division of Workers' Compensation reports approximately 1,200 §132a petitions filed per year statewide. The elements a Lomita worker must prove: (1) the worker filed a workers' compensation claim or made known an intent to file; (2) the employer engaged in adverse action — termination, demotion, schedule cut, reassignment, harassment; and (3) the worker's protected activity was a substantial motivating reason for the adverse action.
What remedies does §132a give a Lomita worker who wins the retaliation petition?
Under California Labor Code §132a, a Lomita worker who prevails on a retaliation petition recovers four remedies: (1) reinstatement to the job the worker held before the adverse action; (2) lost wages and benefits between the adverse action and reinstatement; (3) an increase in the workers' compensation award of $10,000; and (4) costs and reasonable expenses up to $250. The California Labor Code §132a remedy is in addition to the underlying workers' compensation benefits — the medical care under California Labor Code §4600, the temporary disability under California Labor Code §4653, and the permanent disability under California Labor Code §4660.
What does §3550 require of every Lomita employer — and how does a §3550 violation support a §132a petition?
Under California Labor Code §3550, every California employer — including every Lomita employer from the smallest restaurant on the local commercial corridor to PCH and Western Avenue small-business retail and restaurant workers — must post the State Information and Assistance Officer notice (the "your-rights" workers' compensation poster) in a conspicuous location at the worksite. A Lomita employer that did not post the California Labor Code §3550 notice but then disciplines an injured worker for "failing to follow the right procedure" cannot easily defend the discipline: the worker never had access to the notice. The California Labor Code §3550 failure also undermines the employer's claimed legitimate-business-reason defense in the California Labor Code §132a petition.
What does §244 add when the Lomita retaliation runs through an immigration threat?
Under California Labor Code §244, a Lomita employer may not threaten to report or use a worker's immigration status as retaliation — and the threat itself is a separate violation supporting a California Labor Code §132a petition. Lomita PCH and Western Avenue small-business retail and restaurant workers workers and back-of-house hospitality workers are particularly exposed because auto-repair shop, restaurant back-of-house, and small-manufacturing workers across lomita are commonly hispanic and spanish-speaking. Yazdchi Law files California Labor Code §132a petitions paired with California Labor Code §244 allegations when the Lomita adverse action is preceded by an "I'll call ICE" threat or by a sudden post-injury demand for re-verification of work authorization. California Labor Code §3351 makes the coverage clear: every Lomita worker, regardless of status, has the claim.
Related on yazdchilaw.com: California §132a workers' comp retaliation pillar · Covina workers' comp retaliation · Pomona workers' comp retaliation · Lomita workers' comp lawyer · California Labor Code §132a (workers' comp retaliation).
Injured at work? Call (661) 273-1780
Tap to call →What local resources should an injured Lomita worker know about for a retaliation case?
Lomita petitions are filed at the LA WCAB on West 4th Street; the firm appears there on auto-shop, retail, and South Bay light-industrial cases.
An injured Lomita worker hit with retaliation deals with the Los Angeles district WCAB where the California Labor Code §132a petition is filed, the underlying workers' compensation claim that may still be open, the California Labor Commissioner for any separate wage-and-hour retaliation, and the local emergency-care system that documented the original injury. Each one matters at a different step of the retaliation fight.
Which WCAB office hears Lomita §132a retaliation petitions?
Lomita workers' compensation retaliation petitions under California Labor Code §132a are heard at the Los Angeles WCAB. Yazdchi Law appears at the Los Angeles WCAB regularly on Lomita retaliation cases — including California Labor Code §132a petitions paired with California Labor Code §244 immigration-threat allegations, California Labor Code §3550 notice-posting violations, California Labor Code §4553 serious-and-willful penalty allegations where retaliation followed serious misconduct, and California Labor Code §5811 Spanish-interpreter rights at the retaliation hearing.
Which Lomita employers and worksites drive the retaliation caseload?
- the Pacific Coast Highway / Western Avenue commercial corridor, the small-industrial parcels off Narbonne Avenue, clinical-staff commuters to Providence Little Company of Mary Torrance and Harbor-UCLA, and the Lomita Railroad Museum and small-business cluster
- Industry mix that drives retaliation volume: PCH and Western Avenue small-business retail and restaurant workers, Narbonne Avenue light-manufacturing and auto-repair shops, clinical-staff commuters to Providence Little Company of Mary Medical Center Torrance and Harbor-UCLA Medical Center, City of Lomita municipal staff, hospitality workers along PCH
How successful Lomita §132a retaliation Claims Have Historically Resolved at Yazdchi Law
A Lomita worker who wins a California Labor Code §132a retaliation petition recovers reinstatement, lost wages between the adverse action and reinstatement, an increase in workers' compensation of $10,000, and costs up to $250 — on top of the underlying medical care under California Labor Code §4600, temporary disability under California Labor Code §4653, and permanent disability under California Labor Code §4660. In past Yazdchi Law cases, the firm's case-resultrange has reached $1,500,000 (cervical spine) and up to $5,000,000 (catastrophic spinal cord injury) — as historical magnitudes, not promised outcomes.
Emergency care and hospitals serving Lomita
For a serious work injury in Lomita, call 911. Providence Little Company of Mary Medical Center Torrance on Earl Jeffrey Drive is the closest acute-care emergency department. Cal/OSHA reporting rules require the employer to notify Cal/OSHA within 8 hours of any work-related death, serious hospitalization, amputation, or loss of an eye — a failure to report often precedes the retaliatory adverse action.
Frequently Asked Questions
What counts as workers' comp retaliation in Lomita?
Under California Labor Code §132a, retaliation is any adverse action by a Lomita employer because the worker filed or intends to file a workers' comp claim: termination, demotion, schedule cut, reassignment to an unfavorable shift, harassment, denial of accommodation, or sudden post-injury "performance" write-ups. The 2026 California Division of Workers' Compensation reports approximately 1,200 California Labor Code §132a petitions per year. The element a Lomita worker must prove is causation — the protected activity was a substantial motivating reason for the adverse action.
What can a Lomita worker recover on a §132a retaliation petition?
Under California Labor Code §132a, a Lomita worker who wins the petition recovers four remedies: reinstatement to the job held before the adverse action; lost wages and benefits between the adverse action and reinstatement; an increase in the workers' compensation award of $10,000; and reasonable costs up to $250. These remedies stack on top of the underlying workers' compensation benefits — medical care under California Labor Code §4600, temporary disability under California Labor Code §4653, and the permanent disability rating under California Labor Code §4660 the Lomita worker is entitled to.
What does §3550 require of my Lomita employer?
Under California Labor Code §3550, every California employer — including every Lomita PCH and Western Avenue small-business retail and restaurant workers employer — must post the State Information and Assistance Officer notice about workers' compensation rights in a conspicuous location at the worksite. A Lomita employer that did not post the California Labor Code §3550 notice but then disciplined a worker for "failing to follow procedure" cannot easily defend the discipline — the worker never had access to the notice. The California Labor Code §3550 failure also undermines the employer's defense in a California Labor Code §132a retaliation petition.
My Lomita employer threatened to call ICE after I filed — what protections do I have?
Under California Labor Code §244, a Lomita employer may not threaten to use a worker's immigration status as retaliation — and the threat itself is a separate violation supporting a California Labor Code §132a retaliation petition. California Labor Code §3351 extends California workers' compensation coverage to every worker regardless of immigration status. A Lomita PCH and Western Avenue small-business retail and restaurant workers worker facing an immigration-threat after a comp claim should document the threat, file a California Labor Code §132a petition at the Los Angeles WCAB, and the threat itself becomes evidence of retaliatory intent.
How long does a Lomita worker have to file a §132a retaliation petition?
A Lomita California Labor Code §132a retaliation petition must be filed within one year of the retaliatory act — the termination, demotion, or other adverse action. The petition is filed at the Los Angeles district WCAB and litigated under the WCAB rules. Yazdchi Law tracks the one-year California Labor Code §132a clock from the date of the adverse action and pairs it with any California Labor Code §5402(b) compensability fight on the underlying injury claim.
How much does a Lomita workers' comp retaliation lawyer cost?
Workers' compensation attorney fees in California are contingent and set by the WCAB under California Labor Code §4906 — typically 15% of the settlement or award. A Lomita worker pursuing a California Labor Code §132a retaliation petition pays nothing upfront, nothing for case costs unless the case recovers, and nothing if there is no recovery. The fee comes from the settlement or award at the end of the case — not from medical care under California Labor Code §4600 or from temporary disability under California Labor Code §4653 the worker receives during the litigation. The Los Angeles WCAB judge approves the fee under California Labor Code §4906.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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