It’s the clear policy of the State of California that employers shouldn’t discriminate against employees who are injured on the job. The California Labor Code provides for damages if an injured employee is discriminated against for intending to file a workers’ compensation claim, filing such a claim or testifying in another employee’s claim. Even workers’ compensation insurance companies that encourage an employer to threaten to terminate an employee as a result of filing or testifying in a workers’ compensation case or actually terminating him or her are prohibited from doing so. Under section 132a, employers are prohibited from threatening to cancel an insured employer’s coverage or raise its premiums in efforts to compel an employer from terminating an employee who was injured in a work-related accident.
Establishing a Section 132a Claim
For purposes of bringing a viable section 132a claim, certain propositions must be proved. Those follow:
- A specific employee either made their intentions to file a workers’ compensation claim known to the employer or filed it, or,
- The employee received a rating, settlement or award in a workers’ compensation claim.
- As a result, the employer, terminated, threatened to terminate or otherwise discriminated against a specific employee as a result of the injury or workers’ compensation claim, and,
- The employee was a target of discriminatory treatment as a result of being injured at work or bringing a workers’ compensation claim.
A Few Examples of Section 132a Discrimination
A stereotypical case of Section 132a discrimination might be the termination of an employee for contemplating or actually filing a workers’ compensation claim for an injury suffered at work. Some other examples might include the following:
- Cutting the employee’s hours or wage scale.
- Demotion to another job.
- Refusing to promote the employee.
- Threatening an employee with adverse consequences if a workers’ compensation claim is filed.
- Denial of workers’ compensation benefits.
- Other discriminatory punishment.
Damages in Section 132a Retaliation Cases
If it’s found that an employee has been discriminated against, section 132a damages can be awarded. Those might consist of the following:
- A compensation increase of one-half, but in no case, more than $10,000.
- Costs and expenses not to exceed $250.
- Payment of any lost earnings and benefits.
- Returning the employee to his or her prior job.
- Attorney fees.
Where to I File My 132A Case?
Retaliatory or discriminatory claim cases brought under section 132a are brought in the California Workers’ Compensation Appeals Board. Take notice that the statute of limitations on these types of cases is short. Allegedly affected workers have only one year from the date of the retaliatory or discriminatory act to bring their cases. Claims that are not brought within that one-yea time period will likely be dismissed.
If you have section 132a questions or concerns, feel free to contact our offices to speak with an experienced and dedicated California labor law attorney.
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