Take the First Step
October 28, 2024 · Benjamin J. Treger
A Violation Most Employees Don’t Know About
You got hurt on the job. You filed a workers’ compensation claim, as you’re legally entitled to do. And then your employer fired you.
Many employees assume that once they file a workers’ comp claim, they have no other legal recourse. That is wrong. Being terminated in retaliation for filing a workers’ compensation claim is a separate and independent violation of California law, and it carries remedies that workers’ comp alone does not provide.
Workers’ compensation provides medical benefits and partial wage replacement for workplace injuries. It is a no-fault system; you don’t have to prove your employer was negligent. But workers’ comp does not cover lost future earnings, emotional distress, or punitive damages. A wrongful termination claim does.
If your employer fired you because you filed a workers’ comp claim, you can pursue both: the workers’ comp benefits for your injury and a civil lawsuit for the retaliatory termination.
Rarely will an employer say “we’re firing you because you filed a claim.” Instead, they wait for the dust to settle and then cite “performance issues,” “restructuring,” or “attendance problems” (caused by the injury itself). The pretext is designed to look neutral. But if the timeline shows that the termination followed the claim, and if the stated reason doesn’t hold up under scrutiny, the retaliation claim has teeth.
California Labor Code § 132a makes it a misdemeanor for an employer to discriminate against an employee for filing or intending to file a workers’ compensation claim. Remedies include reinstatement, lost wages, and a penalty of up to $10,000. This is in addition to any civil wrongful termination claim.
If you were fired after filing a workers’ comp claim, contact Treger Legal. The consultation is free and confidential.
This post is for informational purposes only and does not constitute legal advice. Consult with a qualified employment attorney about your specific situation.