Workers’ Comp Retaliation

Can My Employer Fire Me for Filing Workers Comp?

Many employees who have been injured on the job may be hesitant to file a workers’ compensation claim for fear of retaliation by their employer. Retaliation can take many forms, such as termination, demotion, or reduced hours or pay, and can create a hostile work environment that makes it difficult for the employee to continue working. Sadly, this fear of retaliation can prevent injured workers from receiving the benefits they need to recover from their injuries and return to work.

However, it is important for employees to understand that California law provides protections against retaliation for workers’ compensation claims and that an experienced workers’ compensation attorney can help protect their legal rights in the event of retaliation.

In this article, the experienced workers’ compensation attorneys at the Law Offices of Cantrell Green explain the specific protections for injured California workers who are facing retaliation from their employer for filing a workers’ compensation claim.

Laws Protecting California Workers from Retaliation

California Labor Code Section 132a provides protection for injured workers who face retaliation from their employer for filing a workers’ compensation claim. Specifically, the law states that it is unlawful for an employer to discriminate or retaliate against an employee for filing a workers’ compensation claim or for testifying in a workers’ compensation proceeding.

Under California Labor Code Section 132a, an injured worker who is retaliated against by their employer may be entitled to remedies and damages, including reinstatement of employment, reimbursement for lost wages and benefits, and compensation for any damages resulting from the employer’s retaliation.

In addition to Labor Code Section 132a, several California cases have provided remedies for workers who have been retaliated against for filing workers’ compensation claims.

One notable case is Shoemaker v. Myers, in which the California Supreme Court held that an employee who was fired after filing a workers’ compensation claim could sue their employer for wrongful termination in violation of public policy.

Another case is Dreisbach v. Workers’ Comp. Appeals Board, in which the California Court of Appeal held that an injured worker who was terminated from their job for filing a workers’ compensation claim was entitled to reinstatement and back pay under Labor Code Section 132a.

Remedies & Damages for Workers Compensation Retaliation

In general, the remedies and damages available to an injured worker who has been retaliated against for filing a workers’ compensation claim depend on the specific circumstances of the case. An experienced California workers’ compensation attorney can help injured workers understand their legal rights and pursue appropriate remedies and damages for any retaliation they may have faced.

Under California law, workers who have been retaliated against for filing workers’ compensation claims may be entitled to a variety of remedies and damages. Here are some potential remedies and damages that may be available:

1. Reinstatement: An injured worker who has been terminated or demoted for filing a workers’ compensation claim may be entitled to reinstatement to their former position.
2. Back pay: If an injured worker was terminated or demoted for filing a workers’ compensation claim, they may be entitled to back pay for any wages they lost as a result.
3. Front pay: In some cases, an injured worker may be entitled to front pay if they are unable to return to their former position and must find a new job.
4. Compensation for emotional distress: If an injured worker has suffered emotional distress as a result of retaliation, they may be entitled to compensation for that harm.
5. Punitive damages: In cases where an employer’s conduct is particularly egregious, an injured worker may be entitled to punitive damages.
6. Attorney’s fees and costs: If an injured worker prevails in a retaliation claim, they may be entitled to recover their attorney’s fees and costs.

Workers Compensation Attorneys

It is important to note that the remedies and damages available may vary depending on the specific circumstances of your workers’ compensation retaliation case.

The experienced California workers’ compensation attorneys at Cantrell Green can help injured workers understand their legal rights and pursue appropriate remedies and damages for any retaliation they may have faced. Our workers’ compensation attorneys have been protecting injured workers’ rights for more than 40 years. We can help you ensure that you get the maximum benefits to which you are entitled – without retaliation.

Your consultation with our experienced workers’ compensation attorneys is 100% confidential, and neither your employer nor your insurance company will be notified that you requested a consultation with us. Our attorneys will help you understand your rights and work tirelessly to ensure that you receive the maximum workers’ compensation benefits for which you qualify.

Workers Compensation Attorneys: 800-964-8047