An employer cannot discriminate against, fire, or retaliate against an employee who files for workers’ compensation. Accidents happen everywhere, including the workplace, and employers are required by law to provide a safe environment for employees. Various safety regulations exist depending on the industry, and employers must comply with them to avoid legal consequences.

Can I Be Fired After Filing a Workers’ Compensation Claim?

Even with all safety precautions in place, accidents can still occur at work. Workers’ compensation is an insurance program that helps cover lost wages, medical bills, and rehabilitation expenses for injured employees while protecting employers from lawsuits. However, some employers retaliate against employees who file claims, despite laws that prohibit termination for this reason.

If you were fired after filing a workers’ compensation claim, you may have grounds to file a lawsuit against your employer. At the California Labor Law Employment Attorneys Group, we assist employees in these situations and help them recover the damages they are entitled to.

Common questions regarding workers’ compensation retaliation include:

• Can I be fired for filing a workers’ compensation claim?
• Can you lose your job while on workers’ comp?
• Can you get fired if you get hurt on the job?
• My boss fired me in retaliation for my workers’ comp claim. Can he legally do that?
• Can my employer terminate me while on workers’ compensation?
• I was fired after a workers’ compensation claim. Can I sue my employer?
• Can I be fired while out on workers’ comp?
• Who is the best workers’ compensation retaliation lawyer?
• I was fired after my workers’ compensation settlement. How do I file a lawsuit?

Workers’ compensation claims often increase an employer’s insurance premiums, making them more expensive clients for insurance companies. Some employers retaliate against employees for filing claims due to these costs, but this is illegal.

Under Labor Code 132a, “there should not be discrimination against workers who are injured in the course and scope of their employment.” California courts have interpreted this law to include retaliation against employees for filing workers’ compensation claims.

An employer cannot retaliate against an employee simply for exercising their right to file a claim. It is illegal for an employer to terminate or take adverse action against an employee for:

• Notifying the employer of their intent to file a workers’ compensation claim
• Submitting a workers’ compensation claim
• Receiving medical treatment and a disability rating
• Settling a workers’ compensation claim
• Filing a charge with the California Division of Workers’ Compensation
• Receiving a workers’ compensation award

The courts have also ruled that an employer cannot fire an employee due to a work-related injury. If the injury results in a permanent disability, termination based on the disability is illegal under the Americans with Disabilities Act (ADA).

Employers are also prohibited from retaliating against employees who testify on behalf of coworkers in workers’ compensation claims. If an employer threatens or terminates a worker for testifying, it is a violation of the law.

Retaliation can take many forms beyond termination, including demotions, pay reductions, and exclusion from promotions. For example, an employee previously considered for a promotion might suddenly be removed from consideration after filing a workers’ compensation claim. This is a form of unlawful retaliation.

Whether an employer must reinstate an injured employee depends on various factors. If an employer refuses to reinstate a worker, it may be considered a wrongful termination. However, there are legal exceptions where an employer may not be required to reinstate an employee.

An employer is not required to reinstate an employee if the employee has a permanent disability that prevents them from performing essential job functions. For example, a construction worker who loses the ability to use their arms and legs may not be able to safely return to the job site.

However, if the employee can still perform essential functions with reasonable accommodations, the employer may be required to reinstate them under the ADA. For example, an office worker who uses a wheelchair should be provided accessible workstations.

If a company eliminates a position while an employee is on workers’ compensation leave, they are not legally required to reinstate the worker. However, some employers falsely claim a position is unavailable to avoid reinstating an injured employee. If this is the case, the employer may be acting unlawfully.

Our experienced Los Angeles employment attorneys offer free consultations to employees facing workplace retaliation. We take cases throughout California, including Los Angeles, San Francisco, and San Diego. To receive a free case review, contact us via phone or email.

At the Employee Legal Justice Group, we are committed to defending workers’ rights. We work on a contingency basis, meaning you pay nothing upfront. We only collect fees if we win your case. If we don’t win, you owe us nothing.

Client Review

“California Labor Law Employment Attorneys Group are really the best in what they do. They are professional, knowledgeable, and thorough in handling your situation. They always put their clients first and keep them informed of any updates. They are very helpful.”

– Neil Ernesto