Fired After Filing a Workers’ Compensation Claim
Were you filed after a filing a workers’ compensation claim in California? You need to contact an experienced employment law attorney right away.
Question:
Can I be fired if I file a workers’ compensation claim in California?
Answer:
A question I get here at the firm all too often is can I be retaliated against if I file a Worker’s Comp claim. Now, the vast majority of times, Workers’ Compensation claims go on without a hitch. Employees unfortunately get injured, they file a claim, they seek the treatment that they deserve and that they need, and then the claim is resolved. Employees are able to continue working for the company and continue with the career that they enjoy.
Sometimes, employers do the wrong thing. After filing claims, sometimes employers retaliate against an employee. California law is very specific and very clear. The law prohibits employers from doing anything to retaliate against an employee for filing a Workers’ Comp claim.
If 
you’re concerned that you may be retaliated against for filing a Workers’ Compensation claim or you have been retaliated against for filing a Workers’ Comp claim, feel free to give us a call. It’s important for you to understand your rights. If I can answer any questions about California Workers’ Compensation law and your rights, feel free to give me a call. I’d love to answer them.
Filing a workers’ compensation claim does not give an employer permission to retaliate. California workers comp attorneys can coordinate the benefit case with a section 132a petition and any separate employment claim.
Workers’ Compensation Continues After Termination
Ending employment does not automatically end an accepted claim. The carrier can remain responsible for authorized medical care and disability benefits under the workers’ compensation rules. Termination may affect whether modified work is available, but the reason for discharge and the medical restrictions should be documented separately.
Labor Code Section 132a
Section 132a prohibits specified discrimination because a worker filed or intended to file a claim, received an award, or testified in another worker’s case. A petition is filed with the WCAB in a pending workers’ compensation matter and is generally due within one year of the discriminatory act or discharge. A complaint to another agency does not replace that petition.
Timing may support retaliation, but it is not proof by itself. Decision-maker knowledge, comments, shifting explanations, discipline compared with coworkers, performance history, and treatment of restrictions can show whether the stated reason is credible.
Separate Disability, Leave, and Safety Rights
A work injury may also create disability-accommodation, protected-leave, whistleblower, or safety-retaliation issues. An injury is not automatically a disability under every statute, and each claim has its own employer coverage, elements, forum, and deadline. A legitimate reduction in force or documented misconduct can occur during a claim; the employer may not select the worker because of protected activity.
Evidence to Preserve
- DWC-1, claim notices, medical restrictions, and modified-duty offers.
- Termination letter, handbook, reviews, discipline, schedules, and payroll.
- Complaints, accommodation or leave requests, and manager messages.
- A timeline showing who knew of the claim and when decisions occurred.
- Comparator and witness information obtained lawfully.
Request the stated reason for termination in writing and apply for benefits honestly. Do not take confidential employer material that you are not entitled to possess.
Common Questions
Can an employer fire an injured worker for unrelated misconduct?
Potentially. The question is whether the documented reason is legitimate or a pretext for claim-related discrimination. Consistency and evidence matter.
Can I receive unemployment and workers’ compensation?
The programs use different ability-to-work standards. Certifications must be consistent, and overlapping wage-loss payments may be restricted.
Where can I read about retaliation procedures?
The Division of Workers’ Compensation publishes official claim and dispute guides.
Settlement and Return-to-Work Decisions
A proposed workers’ compensation settlement may address medical care and disability benefits but ordinarily should not be assumed to release every employment claim. Read the scope of each release. If reinstatement, resignation, a separate severance, or a civil waiver is requested, identify what consideration supports it and which deadlines continue.
Future work restrictions, health coverage, unemployment certifications, and disability benefits should be considered before agreeing to employment terms.
If termination causes loss of group health coverage, request continuation information and premium deadlines. Workers’ compensation medical care for the industrial injury is separate from general health-plan eligibility. Keep both sets of notices and do not assume one insurer will notify the other.
Are you or a loved one in the process of filing an employment claim in California and have questions about Fired After Filing a Workers’ Compensation Claim? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
We can help get your life back on track.
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