The Division of Workers’ Compensation in California provides you with monetary damages if you are injured on the job. However, many employees worry about filing a workers’ compensation claim because they are unsure about the potential results of a claim. You may even wonder if your employer can fire you while you’re on workers’ compensation in California.
While the law protects employees against being fired for filing a workers’ compensation claim, you could still be fired while on workers’ compensation leave in certain circumstances. You can review your legal rights with a Los Angeles workers’ compensation lawyer from the Simmrin Law Group. Reach out to us to schedule a free case review today.
Legal Protections for Employees on Workers’ Compensation
Legally, employers are not allowed to fire you just because you file a workers’ compensation claim in California. In fact, it is against the law for an employer to fire you for:
- Saying that you plan to file a claim
- Submitting a workers’ compensation claim
- Settling a workers’ compensation claim
- Winning a workers’ compensation award
- Getting a physician to give you a disability rating
Employers cannot lawfully punish you for missing time at work after you sustain an injury on the job. Additionally, your job should not be threatened if you support another employee who submitted a workers’ compensation claim in California.
Other Forms of Retaliation for Employees on Workers’ Compensation
The law offers protections not only against being fired for using the workers’ compensation system in California. Protections against retaliation extend to preventing your employer from taking other steps to “punish” you for making a workers’ compensation claim. All retaliatory actions are against the law in California.
For example, your employer cannot legally reset your seniority at the company because you filed a workers’ compensation claim. If you are facing unfair treatment tied to a workers’ compensation claim, you can get help now from the Simmrin Law Group. An experienced Los Angeles workers’ compensation lawyer from our firm can help you file a lawsuit.
Exceptions to Protections Associated With Workers’ Compensation
Legally, your employer may not fire you for filing a workers’ compensation claim. However, this does not mean that you will never be fired while you’re on workers’ compensation in California. The law only prohibits employers from firing you because of a workers’ compensation claim. You may lose your job while on workers’ compensation for other reasons.
For example, if your company downsizes and removes your previous position while you are recovering from your injuries, you could legally be fired. Additionally, if you experience a permanent disability as a result of your injury, it could impact your employment. You may be unable to perform the tasks associated with your job because of your disability.
In this situation, your work must make reasonable accommodations for you. However, if you cannot carry out your job even with these accommodations, you could be fired. Sometimes, employers make excuses to fire employees who filed a workers’ compensation claim. If you believe you lost your job unjustly, you have legal options to seek justice.
How an Experienced Attorney Can Help if You Were Wrongfully Terminated
If you suspect that you were terminated from employment for taking workers’ compensation, an experienced attorney can help you take legal action against them. Your lawyer will thoroughly investigate the circumstances surrounding your particular case as well as the general practices of your employer historically.
When looking into your employer, they will attempt to identify any previous workplace violations they may have committed. While any violations can help support your claim, if your employer has a history of firing employees who have filed workers’ compensation claims, your case will be particularly strong.
Workers’ compensation insurance is meant to benefit both workers and employers. Don’t let your employer get away with abusing the system. An experienced lawyer can help you build a case and get your life back on track.
Legal Options if You Were Fired on Workers’ Compensation in California
You should contact a legal professional if you believe your employer fired you for filing a workers’ compensation claim. Getting help right away increases your odds of successfully securing a remedy for your situation.
A worker’ compensation lawyer in Long Beach, California can take steps to investigate the facts surrounding your dismissal from work. Your lawyer will investigate your case and look to assess:
- Your employer’s past attitudes toward employees who filed workers’ compensation claims
- Your ability to perform necessary job tasks
- The truth around any down-sizing performed by the company
Seeking legal assistance if you were unjustly fired can allow you to get your job back. You may also be awarded any wages you lost after being unlawfully fired and up to 50% of your workers’ compensation award as a penalty.
Note that you may be awarded up to $10,000 if your employer is penalized for unlawfully terminating you over a workers’ compensation claim. Take immediate steps to protect yourself from illegal actions if you filed a worker’s compensation claim. Reach out to an experienced Los Angeles workplace injury lawyer to learn more about your legal rights.
Get Help if You Were Fired While on Workers’ Compensation in California
Employers in California are not allowed to fire employees just for using the workers’ compensation system. However, employers sometimes make up other reasons to fire workers who file workers’ compensation claims. If you were wrongfully terminated from your position or faced any other retaliatory action from your employer, the Simmrin Law Group can help.
Contact us today by giving us a call or completing the contact form on this website to schedule a free case consultation with a member of our legal team.