Maison Law helps people in California through the workers’ compensation process. If you’ve taken workers’ comp, you probably have a lot of questions. But one of the main questions you have is simple: can you keep your job while on workers’ comp. Generally, you can, but it all depends on the circumstances. Regardless, our team will be there to support you. Contact us today for a free consultation.
Can I Be Laid Off While I’m on Workers’ Comp?
Unfortunately, yes. Being laid off while on workers’ comp is something that can happen to you. California law does give you protections from “unlawful termination” if you’re on workers’ comp, but it doesn’t protect you from being laid off.
The reason is because layoffs are typically done for legitimate business reasons, like:
- Company restructuring
- Leadership changes
- Outsourcing
- Recessions or economic downturns
- Reducing operational costs
- Industry changes
- End of contracts
While it’s true that these reasons are often cited for requiring layoffs, there’s still the chance that you could challenge your layoff if you’re on workers’ comp. If you can prove that you were laid off because of taking workers’ comp or some other “protected” characteristics you have–your age, gender, race–you may have legal options. However, this is a pretty complicated situation, so it’s important to understand what it looks like.
How Might You Be Punished For Taking Workers’ Comp?
Once you take workers’ comp, it’s likely that you’ve either suffered an injury or fallen ill because of your work conditions. Workers’ comp benefits are available to you without having to prove that your employer or anyone else was at fault, but when you get laid off, it changes the story.
Most of the time, people that get laid off are chosen by the employer–for any number of reasons. Whether it’s higher salary workers or those that have been recently hired, layoffs impact virtually everyone in the workplace. That said, if you take workers’ comp and you feel like you’re being targeted, you have the law on your side. But it’s important to understand how you might be punished for taking workers’ comp:
- Demotion – You might be moved to a lower position or have important tasks taken away.
- Pay cuts or fewer hours – Your paycheck could shrink, or your usual schedule might be reduced.
- Being left out – You could be excluded from meetings, training, or activities your coworkers get to be part of.
- Job changes – Your duties might be changed or reassigned in a way that makes your job harder.
- Being fired – In some cases, the employer might let you go altogether.
Retaliation often happens gradually, so it’s important to pay attention to any unfair treatment and keep track of what’s happening. If you’re being treated unfairly because of your workers’ comp claim or are laid off illegally, we’re here to help you take action.
What Legal Options Do I Have If I’m Laid Off While on Workers’ Comp?
Generally speaking, it’s going to be difficult to prove that your layoff was because you took workers’ comp. So, you’re going to need to provide plenty of evidence, including documentation of your talks with your employer about your workers’ comp claim, medical records, doctor’s reports, changes in your job or pay, and an overall solid timeline.
With that, you can move forward with legal action–if you have a viable claim. On top of your workers’ comp benefits, you can either ask your employer directly to resolve the issue out of court or go ahead with a civil lawsuit to recover “damages.”
In such a case, you could potentially recover things like:
- Lost wages – This covers income you miss out on because of the retaliation or layoff.
- Loss of benefits – This covers the value of any benefits, like health insurance, that you lost.
- Emotional distress damages – This covers costs relating to the stress and harm caused by the retaliation.
- Pain and suffering damages – These are additional damages for the toll the situation has taken on your well-being.
Filing a case takes strength, but it’s an important step to protect your rights. At Maison Law, we work hard to help workers get the financial support they need and hold employers accountable for illegal actions. We also believe these cases can push companies to change their practices and treat workers more fairly. If you’ve been laid off or unfairly targeted while on workers’ comp, we’re here to guide you every step of the way.
Should You Hire Maison Law After Being Laid Off While on Workers’ Comp in California?
You don’t need to get a lawyer in California, but if you’re in a situation where you’ve been laid off while you’re on workers’ comp, you’ll need help. Our experienced team at Maison Law has a wealth of experience helping people in your situation by:
- Evaluating your case and explaining your options
- Helping you collect evidence and important information
- Making sure your workers comp claim stay on track
- Negotiating with your employer or their insurance company for a fair settlement
- If necessary, filing a civil lawsuit to help you recover damages
If you believe you were retaliated against while on workers’ comp, don’t wait–contact us today for a free consultation to talk about your options.
