Can You Be Fired While on Workers’ Comp?

Many injured workers worry about losing their jobs after filing a workers’ compensation claim. It is a common fear. If you are unable to work due to an injury, you may wonder whether your employer can legally terminate you.

In California, it is illegal for an employer to fire you simply because you filed a workers’ compensation claim. Retaliation for pursuing your legal rights is against the law. However, the situation can be more complicated than it appears.

Employers are generally allowed to terminate employees for legitimate business reasons unrelated to the workers’ compensation claim. For example, layoffs, company restructuring, or documented performance issues could still lead to termination. The key question is whether the termination was truly independent of your injury and claim.

If you believe you were fired because you filed a workers’ compensation claim, you may have grounds for a retaliation claim under California Labor Code Section 132a. This type of claim can result in increased compensation and possible reinstatement to your position.

It is also important to understand how termination may affect your benefits. Even if your employment ends, you may still be entitled to medical treatment and disability payments related to your workplace injury. Your right to benefits does not automatically disappear because your job ended.

Documentation is critical in these cases. Keep records of communications with your employer, medical reports, and any disciplinary actions. Patterns of negative treatment after filing a claim may help support your case.

Navigating the intersection between employment law and workers’ compensation law can be challenging. An experienced attorney can review the facts of your situation and determine whether your rights were violated.

If you believe you were wrongfully terminated while on workers’ compensation, Thomas F. Martin, PLC offers a free 30-minute case evaluation. Call (714) 547-5025 to discuss your options.