Filing a workers’ compensation claim after sustaining an injury at work can make you worry about losing your job. Fortunately, California law provides explicit protections against termination for this reason. Understanding how these protections work and what actions your employer is not allowed to take helps you protect yourself.
California law protects workers from retaliation and termination
According to the California Labor Code, your employer cannot terminate your employment, threaten you or treat you differently because you filed a workers’ comp claim. This protection becomes effective immediately when you inform your employer of your intention, not just after you officially file it. The law explicitly establishes that workers should not face consequences for pursuing the benefits they legally deserve.
What happens if you get fired after filing a claim?
Most employers will not admit to firing an employee because of their workers’ comp claim. Instead, they might use the employee’s work performance or the business’s needs as a reason for termination. California law knows this happens and has a way to protect employees like you in this situation.
If your employer fires you within 90 days of filing your claim, the law assumes your boss fired you because of the claim. Then the employer has to prove there’s a real reason that had nothing to do with your injury.
Fight back against retaliation
If your employer fires you illegally for filing a claim, you can take a separate action from your workers’ comp case. File a petition with the Workers’ Compensation Appeals Board within one year from the date of dismissal. If you win, you can get up to $10,000, get your job back, and get compensation for the wages you lost.
Keep records of any conversation with your employer, dates of important events and your work performance. Document as much as you can. When you know your rights, you can stand up for yourself and get the benefits you deserve.