Can You Be Fired For Filing A Workers’ Compensation Claim In California?

Filing a workers’ compensation claim in California is a legal right, not a favor granted by an employer. The workers’ compensation system exists to provide medical treatment, wage replacement, and rehabilitation benefits when an employee is injured on the job. Unfortunately, many employees hesitate to file claims because they fear retaliation or termination. This fear can create a serious barrier to obtaining benefits, especially for workers in physically demanding industries. California law provides strong protections for employees, and employers who attempt to punish workers for exercising those rights may face significant penalties.

Understanding the intersection of workers’ compensation and employment law is critical to knowing what protections exist. California law prohibits retaliation for filing a claim, protects workers from wrongful termination, and offers remedies when violations occur. By examining the statutory framework and legal precedent, employees can better understand how to safeguard their jobs while securing the benefits owed under California law.

Workers’ Compensation Rights In California

The foundation of California’s workers’ compensation law is found in the California Labor Code, Division 4 (Lab. Code §3200 et seq.). This section mandates that most employers carry workers’ compensation insurance to cover employees injured at work. Filing a claim triggers rights to medical care, temporary disability benefits, permanent disability benefits, and, in some cases, supplemental job displacement benefits.

Filing a claim is a protected legal act. Employers cannot punish employees for pursuing benefits that the law requires them to provide. This principle is essential to maintaining a fair system, ensuring that employees do not forfeit medical treatment or compensation out of fear of losing employment.

Anti-Retaliation Protections

The strongest protection against termination for filing a workers’ compensation claim is found in California Labor Code §132a. This statute makes it unlawful for an employer to discharge, threaten to discharge, or discriminate against an employee because the employee has filed or made known an intention to file a workers’ compensation claim.

An employer found guilty of violating §132a may be required to:

• Increase the employee’s compensation by 50 percent, up to a maximum amount set by statute.
• Reinstate the employee if employment was terminated.
• Pay back wages and benefits lost due to the unlawful termination.
• Cover costs and attorney’s fees associated with the retaliation claim.

These remedies send a strong message: California courts and administrative agencies will not tolerate retaliation against injured workers.

Wrongful Termination And At-Will Employment

California is generally an at-will employment state, meaning an employer can terminate an employee at any time for any lawful reason. However, at-will employment does not give employers the right to fire employees for unlawful reasons. Termination in retaliation for filing a workers’ compensation claim is unlawful and considered wrongful termination.

Proving wrongful termination often involves showing a causal connection between the workers’ compensation claim and the adverse employment action. Timing, employer statements, and evidence of differential treatment compared to other employees may all be used to establish retaliation.

Proving A Retaliation Claim

Retaliation cases require careful evidence gathering. An employee must typically show:

• A workplace injury occurred, and a claim was filed.
• The employer knew about the claim.
• The employee suffered an adverse employment action, such as termination, demotion, or reduced hours.
• The adverse action was motivated by the claim or related activity.

Employers often argue that termination was based on legitimate business reasons unrelated to the claim. Courts and administrative bodies assess these defenses carefully, balancing the right of an employer to manage the workplace with the statutory protections afforded to injured workers.

Other Legal Protections

Beyond §132a, additional statutes may protect employees. For instance, the Fair Employment and Housing Act (Gov. Code §12940) prohibits discrimination based on disability, which may include injuries sustained on the job. If an employer terminates an injured worker because of a medical condition, a separate disability discrimination claim may exist.

Furthermore, the Family and Medical Leave Act (29 U.S.C. §2601) and the California Family Rights Act (Gov. Code §12945.2) may provide job-protected leave for employees with serious medical conditions. Employers who interfere with these rights while an employee is recovering from a work injury may face additional liability.

Remedies For Wrongful Termination

Employees who prevail in a wrongful termination or §132a claim may be entitled to reinstatement, back pay, additional compensation, and attorney’s fees. In civil court, wrongful termination claims can sometimes result in broader damages, including compensation for emotional distress or punitive damages when employer conduct is particularly egregious.

The availability of these remedies ensures that employers are held accountable for unlawful conduct and deters future violations of workers’ rights.

Importance Of Legal Counsel

Workers’ compensation and employment law intersect in complex ways. An employee may have multiple claims arising from the same incident—one under workers’ compensation statutes, another under anti-discrimination laws, and another for wrongful termination in violation of public policy. Legal counsel can evaluate the facts, determine the best forum for the claim, and pursue the maximum available remedies.

Employees should not assume that termination after filing a claim is lawful. Often, careful review reveals that the termination was retaliatory or discriminatory, entitling the worker to reinstatement and compensation.

Frequently Asked Questions About Being Fired For Filing A Workers’ Compensation Claim In California

Can An Employer Legally Fire An Employee After A Work Injury?

An employer can terminate employment for legitimate, non-retaliatory reasons, even if an employee has filed a workers’ compensation claim. However, firing an employee because of the claim itself violates California Labor Code §132a and may constitute wrongful termination.

What Evidence Helps Prove Retaliation?

Evidence may include suspicious timing between the claim and termination, inconsistent explanations for termination, or direct statements by supervisors referencing the claim. Documentation of performance history prior to the injury can also help demonstrate that termination was not justified.

Is Filing A Retaliation Claim Separate From A Workers’ Compensation Claim?

Yes. A retaliation claim under Labor Code §132a is distinct from a claim for medical or wage loss benefits. Both can be pursued simultaneously, but the retaliation claim involves additional remedies such as reinstatement and increased compensation.

How Long Does An Employee Have To File A Retaliation Claim?

An employee generally has one year from the date of the discriminatory act to file a complaint under Labor Code §132a. Prompt legal action is important to preserve evidence and protect rights.

Can An Employee Be Demoted Or Have Hours Reduced Instead Of Being Fired?

Yes. Retaliation is not limited to termination. Any adverse action taken because of a workers’ compensation claim—such as demotion, loss of seniority, or reduction in hours—can violate Labor Code §132a.

What Remedies Are Available If Retaliation Is Proven?

Remedies may include reinstatement to the former position, back pay, restoration of benefits, increased compensation up to statutory limits, and attorney’s fees. In some cases, civil claims may allow additional damages.

Does Disability Discrimination Law Apply To Work Injuries?

Yes. If an employee suffers a disability as defined by the Fair Employment and Housing Act, termination or other adverse actions based on that disability may give rise to a discrimination claim. This can be pursued alongside a workers’ compensation retaliation claim.

Can An Employer Force An Employee To Resign After Filing A Claim?

No. Forcing an employee to resign under threat of termination or continued harassment is 

considered constructive discharge and is treated as unlawful retaliation.

What Role Do Medical Restrictions Play In Employment Decisions?

If an employee has medical restrictions after a work injury, the employer has a duty to provide reasonable accommodations under disability laws. Termination based on inability to perform without exploring accommodations may violate the law.

Are Independent Contractors Protected From Retaliation?

Independent contractors are generally not covered by workers’ compensation statutes. However, misclassified employees may still assert rights if they were improperly labeled as contractors. Courts closely examine employment relationships in these situations.

Call Law Office Of Joseph Richards, P.C. Today

Law Office of Joseph Richards, P.C., defends California workers who face retaliation or wrongful termination after filing a workers’ compensation claim. Attorney Joseph Richards aggressively pursues justice for injured workers across the state.

Contact Riverside County workers’ compensation attorney at Law Office of Joseph Richards, P.C. by calling (888) 883-6588 to receive your free consultation. The firm represents employees throughout California, fighting for compensation, reinstatement, and protection of statutory rights.