Can Your Employer Retaliate for Filing a Workers’ Comp Claim in California?

California law is clear: your employer cannot legally retaliate against you for filing a workers’ compensation claim. But that doesn’t stop some employers from trying to make life difficult for injured workers.

Retaliation may be subtle or direct—but it’s always illegal.

What Counts as Retaliation?

Examples of retaliation include:

– Firing or demoting you

– Cutting your hours or pay

– Assigning you to undesirable duties

– Creating a hostile work environment

– Threatening to report immigration status

If any of these happen after you file a workers’ comp claim, it may be considered employer retaliation.

Know Your Legal Protections

California Labor Code Section 132a prohibits employers from discriminating against or firing employees for filing a workers’ comp claim. If you prove retaliation occurred, you may be entitled to:

– Lost wages

– Job reinstatement

– Additional compensation

You may also have the right to file a civil lawsuit in addition to your workers’ comp claim.

How to Prove Retaliation

Retaliation can be hard to prove without a clear paper trail. That’s why it’s important to:

– Document any changes in your job duties, hours, or pay

– Save emails, texts, and performance reviews

– Keep a record of incidents and dates

The more evidence you have, the stronger your case.

Can You Be Fired While on Workers’ Comp?

Technically, yes—but not because of your claim. An employer can terminate you for valid reasons unrelated to your injury. If the firing seems suspicious or poorly timed, it’s worth investigating.

Talk to an Attorney if You Suspect Retaliation

If you’ve been mistreated after filing a workers’ comp claim, you don’t have to handle it alone. An experienced workers’ comp attorney can help gather evidence and take legal action.Thomas F. Martin, PLC offers a free 30-minute case evaluation to discuss your rights and options. Call (714) 547-5025 to get started.