What To Do If Your Employer Refuses To Reinstate You After Injury In California

As a workers’ compensation attorney representing clients across California, I regularly hear from injured workers who were cleared to return to work, only to find that their employer refuses to bring them back. This can be one of the most frustrating and confusing moments in a work injury case. You’ve followed the process, completed treatment, and received medical clearance, yet your job is no longer available, or your employer claims they have no position for you. Under California law, this situation raises serious legal concerns.

California’s workers’ compensation system is designed not only to cover your medical treatment and disability benefits but also to support your return to work when you’re medically able. Employers are expected to cooperate in this process. If they refuse to reinstate you or fail to offer suitable work, you may have legal options, including additional benefits, discrimination claims, or even wrongful termination remedies.

Understanding Your Rights To Reinstatement After A Work Injury

Under California workers’ compensation law, if you’re injured on the job and your treating physician clears you to return to work with or without restrictions, your employer is required to consider you for reinstatement. This is true whether you’re returning to your old job or to a modified or alternative position.

According to California Labor Code § 4658.7, for injuries after January 1, 2013, employers with 50 or more employees must offer regular, modified, or alternative work to injured workers within 60 days of receiving the treating doctor’s return-to-work report. If they fail to do this, you may be entitled to a Supplemental Job Displacement Benefit (SJDB)—a voucher worth up to $6,000 for education, training, or skill enhancement.

Additionally, under California Government Code § 12940, it is unlawful for an employer to discriminate against or refuse to accommodate an employee with a disability, which can include injuries resulting from work. If you’re able to work but require reasonable accommodations and your employer refuses to engage in the interactive process, they could be violating your rights under the Fair Employment and Housing Act (FEHA).

What Counts As Refusal To Reinstate

A refusal to reinstate can take different forms. It may be as obvious as telling you there’s no job for you or that you’re no longer employed. It could also be more subtle, like refusing to respond to your doctor’s work restrictions, dragging out return-to-work discussions, or eliminating your position without offering reasonable accommodations.

Some employers claim that they cannot bring you back due to business restructuring or changes in your department. While staffing needs do change, they cannot use your injury as an excuse to sideline you if a suitable job exists. If you believe your employer’s decision is based on your injury or workers’ compensation status, you may have a valid legal claim.

Steps To Take If Your Employer Refuses To Reinstate You

If you’re medically cleared to return to work and your employer refuses to cooperate, there are several steps we may be able to take together:

1. Request A Written Explanation – Ask your employer to put their refusal or decision in writing. This helps document what was said and when it happened.
2. Review Your Doctor’s Work Restrictions – Make sure the restrictions are clear and current. If the employer claims they can’t accommodate you, we need to confirm exactly what those restrictions are.
3. File A 132a Discrimination Claim – Under California Labor Code § 132a, it’s illegal for an employer to discriminate against you for filing a workers’ compensation claim. If you were fired, demoted, or denied reinstatement due to your injury, we can file a petition with the Workers’ Compensation Appeals Board (WCAB) seeking penalties and back pay.
4. File A Complaint With The Department Of Fair Employment And Housing (DFEH) – If your employer fails to reasonably accommodate your injury-related disability, they may be violating FEHA, and you can file a discrimination complaint with the DFEH or pursue a civil lawsuit.
5. Claim Your Job Displacement Voucher – If your employer fails to offer modified or alternative work as required under Labor Code § 4658.7, you may be eligible for the Supplemental Job Displacement Benefit, which can be used for retraining or education.
6. Explore Wrongful Termination Or Retaliation Claims
7. If your termination or refusal of reinstatement violates your legal rights, you may have grounds for a civil lawsuit.

Frequently Asked Questions About Reinstatement After Work Injury In California

Can My Employer Legally Refuse To Rehire Me After An Injury?

Employers are not required to guarantee your exact job, but they are required to offer work that is regular, modified, or alternative if it is available and meets your medical restrictions. If your employer has the ability to accommodate your return but chooses not to, they could be violating your rights under California law.

What If My Doctor Says I Can Only Return To Light Duty?

If you have temporary or permanent restrictions, your employer is required to engage in an interactive process and determine whether there’s work that can be done within those restrictions. If they fail to do this or ignore your doctor’s recommendations, an attorney may be able to assist with the filing of a claim for discrimination or retaliation under FEHA or Labor Code § 132a.

What Is A Supplemental Job Displacement Benefit (SJDB) Voucher?

If your employer doesn’t offer modified or alternative work within 60 days after receiving the final work status report, and you’re not able to return to your pre-injury job, you may be entitled to a $6,000 SJDB voucher under Labor Code § 4658.7. This benefit helps cover retraining or education so you can find new employment.

Can I Be Fired While Out On Workers’ Compensation?

Yes, but your employer cannot fire you merely because you filed a workers’ compensation claim or because of your injury if you are capable of performing your job with or without accommodations. If a client was terminated because of their injury or claim, we can file a Labor Code § 132a retaliation petition.

How Do I Prove That I Was Not Reinstated Because Of My Injury?

We use evidence such as timing, emails, your doctor’s medical release, company policies, and witness testimony to show a connection between your injury and the employer’s refusal to reinstate you. The burden is on you to prove that your employer’s actions were discriminatory or retaliatory.

What Happens If My Position Was Eliminated While I Was Recovering?

Your employer must show that your job was eliminated for legitimate business reasons unrelated to your injury or claim. If other positions that match your skills and restrictions are available and they fail to offer them, you may still have a valid claim.

Call Law Office Of Joseph Richards, P.C. If You Were Denied Reinstatement After A Work Injury

At Law Office of Joseph Richards, P.C., we help injured workers protect their rights under California law. If your employer refuses to reinstate you after you’ve been cleared to return to work, we may be able to help you pursue the compensation and justice you deserve.

To speak directly with a California workers’ compensation attorney, call us today at (888) 883-6588 to receive your free consultation. We represent injured workers throughout California.