Can I Be Fired For Filing A Workers’ Compensation Claim In California?
California employees injured on the job are entitled to medical treatment, temporary total disability benefits (“TTD”), temporary partial disability (“TPD”), and permanent disability (“PD”) depending on the extent of their injury. Although a workers’ compensation claim is not necessarily a lawsuit against the employer, employers sometimes take offense to an employee filing workers’ compensation claims.
However, California employers may not discriminate against any employee who files or intends to file a workers’ compensation claim. Cal. Labor Code §132(a). This is illegal in California, and employers may be subject to both civil and criminal penalties. Some examples of employer discrimination are:
- Unjustifiable Termination
- Unjustifiable Demotion or Loss of Seniority Status
- Failure to Accommodate an Employee’s Disability
- Harassment by Supervisors or Co-workers
- Increased Write-ups or Frivolous Disciplinary Actions
If you believe you were the target of discrimination due to filing a workers’ compensation claim call Invictus Law today at (888) 996-7552, and speak with an experienced California workers’ compensation attorney to learn if you are entitled to an increase in compensation because of your termination.