In California, you cannot be fired simply for getting hurt and requesting support. You can be fired for other legitimate reasons, such as company layoffs, misconduct, or poor performance documented before the injury.
The California Labor Code prohibits any firing or retaliation by an employer when a worker gets injured and seeks Workers’ Comp support.
Of course, any dismissal or demotion during the Workers’ Compensation process should be viewed with suspicion. Proof that a firing wasn’t a punishment or retaliation for a Workers’ Comp claim would be necessary. A Maison Law California Workers’ Compensation Lawyer would help you collect the evidence if your rights had been violated.
Protecting Your Job After an At-Work Accident In California
Anyone getting injured on the job will, understandably, feel very vulnerable. They’ll have physical issues to deal with. They may also be in a panic about how they’ll support themselves without being able to work.
Add to that an employer who isn’t very helpful and, perhaps, is even threatening the worker’s employment status. Injured workers shouldn’t have to face this type of worry, and if they experience retaliation, they can, in fact, win additional support and watch as an employer receives punishment.
Page 8 of the Injured Workers Handbook from the California Department of Industrial Relations (DIR) goes over the protections for workers. Even the injured workers’ coworkers who testify in a case are protected from retaliation.
“It’s illegal for your employer to punish or fire you for having a job injury, or for filing a workers’ compensation claim when you believe your injury was caused by your job. It’s also illegal for your employer to punish or fire co-workers who testify in your case. The California Labor Code (section 132a) prohibits this kind of discrimination…”
Your attorney would file a claim asking for these benefits and more:
- Reinstatement of the position and any promotions or benefits missed.
- Payment of missed paychecks.
- Support for the emotional turmoil caused by such a traumatic ordeal while you are injured.
- Punitive damages. These are penalties assessed against the company for its actions. They are meant to punish the company and serve as a warning to other businesses that might consider similar violations. However, in many cases, the financial penalties would go to the injured worker on top of any restored income.
Important Deadlines for Injured California Workers
Notify your Employer. You must inform your manager or the company owner within a month of your injury. Alert them as soon as you can.
California Workers’ Compensation. Victims can file a Workers’ Comp claim up to a year from the date of the accident. If a victim doesn’t know about the injury until later, the one-year countdown would begin on the date the injury was discovered.
Do I Need a Lawyer If I’m Hurt at Work in California?
If you are receiving threats from your employer or you are fired or punished, it’s wise to speak with a California Workers’ Comp Attorney in a free consultation. A retaliation case can be complex, and you’ll be going up against a company that may have its own lawyers ready to discount your claims.
It’s a good idea to go over your case with a lawyer any time you are injured on the job, even if you aren’t fired.
The level of Workers’ Comp benefits you receive isn’t set in stone. Two workers with relatively the same injury can get very different amounts each week on a Workers’ Comp check.
A lawyer wins you additional support in many cases. A skilled lawyer can often help injured workers earn much more through negotiation and evidence collection.
Strong legal representation is also a valuable protection when Workers’ Comp administrators try to devalue your injury…Or when an employer tries to shed blame and claim that your accident was your fault. Your attorney also files your claim for you and makes sure administrators understand everything you have been through so they can arrive at a fair support level to award you.
If you suffered a serious injury at work and lost more than a few days of work, it can pay to discuss your options with an attorney.
Seeking the Help of a California Workers’ Compensation Lawyer
Speak to Maison Law in a free, no-obligation consultation. We want to hear about what happened to you and then help you determine the best course of action for your family.
If you need our help, you don’t have to worry about finding the money to hire an attorney. We work on a contingency basis. It means if we lose your case, you don’t pay us anything. And if we win your case, we are paid out of the settlement Workers’ Comp awards you.
