Maison Law helps injured workers in California by answering questions they have about the workers’ compensation process. One of the most common questions you probably have involves how filing for workers’ comp impacts your health insurance and other benefits. We can help you through the process and protect your rights. Contact us today for a free consultation.
Can I Lose My Health Insurance If I File For Workers’ Comp?
When you file for workers’ comp, it means that you’ve come down with an illness or have been hurt at work. This means medical care and other problems, which is the main benefit of having access to workers’ comp insurance. But, you probably also have health insurance through your employer that you’re using.
So, the question is, can they take that away if you file for workers’ comp? The answer is no. You’re legally protected from unlawful retaliation when you take workers’ comp. This means your employer can’t take “adverse” actions against you, which includes taking away health insurance or other benefits in retaliation for you taking workers’ comp in the first place.
How Can I Tell If I’m Being Retaliated Against?
If you’ve filed a workers’ compensation claim and are now facing unfair treatment at work, it’s important to know that California law is on your side. Under section 132a of the Labor Code, it’s illegal for employers to retaliate against you for standing up for your rights and taking workers’ comp. Unfortunately, some employers don’t take their responsibility seriously when they take away your health insurance or do other things like:
- Blocking you from opportunities, like promotions or overtime
- Cutting your hours or pay
- Demoting you or reassigning you to a less desirable position
- Creating a hostile work environment to intimidate you
- Firing you without just cause
Trying to deal with your health with workers’ comp while also dealing with unfair treatment quickly makes going to work very undesirable. Even with the law on your side, though, it’s important to know what you can do to protect your rights. This includes taking the right steps with documenting what’s happening, and then taking further action against your employer.
What Can You Do If You’re Facing Retaliation After Filing a Workers’ Comp Claim?
One of the most difficult things about retaliation is that it can be hard to recognize–let alone prove. Even with the law on your side, actually going through with a claim takes proper guidance–and above all, having evidence. So, if you think you’re facing retaliation, here’s what you need to do:
- Provide evidence – Keep a detailed record of all incidents that seem retaliatory, including dates, times, and descriptions. Write down who was involved and save relevant emails, messages, or performance reviews. These records will be key if you decide to take legal action.
- Report the retaliation – A huge part of any claim is actually reporting the retaliation to put your employer on notice. Report the retaliation to your company’s HR department or a trusted supervisor. Be sure to document this report, including when and how it was made.
- File an administrative complaint – You can file a complaint with the California Labor Commissioner’s Office. This agency investigates retaliation claims and can issue fines or rulings against your employer.
Facing retaliation at work can be isolating and overwhelming. It’s hard to know where to turn when you feel targeted and unsupported. At Maison Law, we understand how personal and difficult these situations are. That’s why we’re dedicated to helping California workers stand up to harassment and retaliation.
What You Can Recover in a Workers’ Comp Retaliation Case?
Losing your health insurance is just one instance of unlawful retaliation when you file a workers’ comp claim. However, this (and other instances) mean you can take legal action, either directly with your employer or by filing a civil lawsuit. At that point, you can potentially recover “damages” like:
- Lost wages and benefits – You can recover wages, benefits, and other financial losses caused by the retaliation, including back pay, front pay, and the value of lost benefits, like your health insurance.
- Emotional distress – If the retaliation caused anxiety, depression, or other emotional suffering, you can recover damages based on this.
- Attorney’s fees – If your claim is successful, your employer may be required to pay the legal costs and your attorney’s fees.
- Reinstatement or promotion – In some cases, your employer may be ordered to reinstate you to your former role or grant you a promotion that was wrongfully denied.
- Punitive damages – Rare but possible in extreme cases, punitive damages may be awarded to punish the employer for their wrongful actions and deter future misconduct.
While it’s important to understand your options and what you can get by filing a claim, having the right legal guidance is also very important. At Maison Law, we take a tailored approach to every case, making sure that your unique situation is fully understood and taken care of. Don’t let your employer’s illegal actions go unchecked. Contact us today for a free consultation to learn how we can help you fight for your rights and move forward.
