What Happens if I Get Fired While on Workers’ Comp in California?

Suffering a work-related injury can be a stressful situation, especially if you think you could lose your job as a direct result. It is important to understand your rights and legal protections after an injury at work. Contact Maison Law today to discuss your situation with an attorney and get the legal protection you need if you’ve been wrongfully terminated while on workers’ compensation.

Your Rights While on Workers’ Comp in California

The state of California recognizes the importance of protecting employees who sustain work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce. These benefits serve as a foundation of labor rights in the state of California. California also provides injured workers with:

• Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
  • Termination
  • Reduction of work hours
  • Demotion
  • Punitive measures
• Presumption of Retaliation: if an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
• Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
• The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.

What if I am Terminated Before I File a Workers’ Compensation Claim?

In the unfortunate event that you are let go from your job, but realize you have suffered a work-related injury, you can still file a workers’ compensation claim. In order to do this, you will have to show:

1. The employer was aware of your injury prior to the termination
2. There are medical records prior to the layoff that show evidence of an injury
3. The injury took place after you were notified you would be let go but before your last day of work
4. The injury occurred over time, and you did not suffer any effect until after you were notified you would be terminated

Changes to California’s Workers Compensation Law

California has workers’ compensation laws to regulate how retaliation in workers’ compensation claims are handled. Senate Bill 497, also known as the Equal Pay and Anti-Retaliation Protection Act, aims to enhance protections for employees who assert their rights under workers’ compensation laws. A key provision of this legislation is the alteration of “burden of proof” in cases where employees allege retaliation by their employers after filing a workers’ compensation claim.

In the past, proving retaliation was difficult for employees who filed a workers’ compensation claim. Employers could easily dispute claims of retaliation without much recourse. However, with Senate Bill 497, the burden of proof has now shifted to the employer. In cases where terminations occur within 90 days of an employee filing a workers’ compensation claim, employers are now required to provide clear and compelling justifications for terminations during a critical period.

Do I Need A Lawyer if I Get Fired While on Workers’ Comp in California?

In California, if you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving temporary disability benefits you do not need a lawyer, but if you are wrongfully terminated while on workers’ compensation, an attorney will ensure your benefits are protected by filing a lawsuit against workers’ compensation. Reasons for filing a lawsuit against worker’s compensation also include:

• Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
• Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
• Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
• Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.

Contact a Workers’ Compensation Attorney in California

If you have suffered a work-related injury and are concerned about the security of your job, or the adequacy of your benefits, it is recommended to seek legal counsel. The skilled workers’ compensation attorneys at Maison Law can help you navigate the complexities of workers’ compensation law and will be at your side for any and all legal matters to protect your right to compensation. Contact Maison Law today for a free consultation and case evaluation. No upfront money is required for our services and we don’t get paid unless we win your case.