510-257-4141
By Steve Franco — Workersâ Compensation Attorney at Franco Muñoz Injury Lawyers
California law protects employees from retaliation for reporting a workplace injury
and exercising their workersâ compensation rights.
The direct answer is no. An employer cannot legally fire you simply because you reported a workplace injury or filed a workersâ compensation claim.
What Activities Are Protected?
California law generally prohibits employers from retaliating against employees who exercise their rights under the workersâ compensation system.
You have the right to tell your employer that you were injured at work.
You may request treatment for an injury that occurred in the course of your job.
You may file a workersâ compensation claim with the employer or insurance carrier.
You may seek legal advice and representation concerning your workplace injury.
These protections allow injured employees to seek medical treatment and benefits without being punished for reporting what happened.
California Labor Code Section 132a
California Labor Code section 132a
Prohibits certain forms of discrimination against workers who file, intend to file, or receive an award in a workersâ compensation case.
Retaliation Can Involve More Than Termination
Workplace retaliation is not limited to being fired. An employer may take other actions intended to punish or discourage an employee from pursuing a claim.
Your schedule is suddenly reduced after reporting the injury.
You lose responsibilities, status, or compensation without a legitimate reason.
You begin receiving warnings or criticism that did not occur before the claim.
A supervisor pressures you to quit rather than continue pursuing benefits.
You are assigned undesirable work or tasks that violate medical restrictions.
You are excluded, threatened, or treated differently because of the injury. A change in treatment after a workplace injury does not automatically prove retaliation.
What Happens If Your Employer Fires You Anyway?
Although the law protects injured employees, some employers may still terminate a worker
after a claim is filed.
Depending on the facts, the employee may have more than one legal claim, including:
- An ongoing workersâ compensation claim
- A possible claim under California Labor Code section 132a
- A possible wrongful termination or employment retaliation claim
A workersâ compensation case and an employment law case are not necessarily the same.
Different laws, procedures, deadlines, and remedies may apply.
A workersâ compensation attorney can evaluate how the termination may affect your benefits. When appropriate, the attorney may also recommend speaking with an employment law attorney about separate legal claims.
What If the Employer Gives a Different Reason?
Employers rarely admit that they fired someone because the employee reported a workplace injury. Instead, the employer may claim the decision was based on:
- Poor performance
- Attendance problems
- A violation of company policy
- A reduction in the workforce
- Business restructuring
An employer may legally terminate an employee for a legitimate reason that is unrelated to the workplace injury. The important question is whether the stated reason is genuine or is being used to hide retaliation.
What Evidence Should You Save?
Documentation can be critical in a retaliation or wrongful termination case. Keep records showing how you were treated before and after reporting your injury.
- Text messages and emails
- Written warnings
- Performance evaluations
- Work schedules
- Medical reports
- Work restrictions
- Insurance documents
- Termination letters
- Witness information
- Notes about conversations
Keep these records somewhere you can access outside the workplace. Do not rely only on a company email account, internal system, or work-issued device that you may lose access to after a termination.
Do You Lose Your Workersâ Compensation Benefits If You Are Fired?
Being fired does not automatically end your workersâ compensation claim.
Your right to workersâ compensation benefits is generally based on whether you suffered a work-related injury, not on whether you continue working for the same employer.
Temporary Disability
Permanent Disability
Job Displacement Voucher
Potential Settlement
A termination can affect certain issues in a workersâ compensation case, including return-to-work questions and eligibility for some benefits. An attorney should review the specific facts of your situation.
What Should You Do If You Suspect Retaliation?
Save All Documents and Communications
Do not delete emails, text messages, schedules, disciplinary notices, medical reports, or insurance documents.
Create a Written Timeline
Record when you reported the injury, requested treatment, noticed changes at work, and were disciplined or terminated.
Continue Your Medical Treatment
Attend your appointments and follow your doctorâs recommendations and medical work restrictions.
Be Careful Before Signing Documents
Review severance agreements, resignation forms, settlement papers, and releases carefully before signing.
Speak With an Experienced Attorney
Workersâ compensation and employment claims may involve strict deadlines. Early legal advice can help protect evidence and preserve your rights.
How Franco Muñoz Injury Lawyers Can Help
We represent employees who have suffered workplace injuries throughout California.
- Review the circumstances surrounding the termination
- Help preserve important evidence
- Protect the workersâ compensation claim
- Evaluate whether a section 132a claim may apply
- Coordinate with employment counsel when appropriate
Frequently Asked Questions
Can my employer fire me while I am receiving workersâ compensation benefits?
An employer may terminate an employee for a legitimate and lawful reason unrelated to the injury. However, the employer cannot legally fire the employee because the employee filed a workersâ compensation claim or exercised protected rights.
Can I continue my workersâ compensation case after being fired?
Yes. A termination does not automatically close the case or eliminate the injured employeeâs right to medical treatment, disability benefits, or a potential settlement.
How can I prove workersâ compensation retaliation?
Evidence may include the timing of the termination, emails, text messages, witness testimony, reduced hours, changed assignments, disciplinary records, and evidence that the employerâs stated reason may not be credible.
Is a wrongful termination claim separate from workersâ compensation?
It may be. A workersâ compensation claim concerns benefits related to the workplace injury. A wrongful termination or employment retaliation case may involve separate laws, deadlines, and remedies.
Can my employer punish me for speaking with an attorney?
An employer should not retaliate against an employee because the employee consulted or hired an attorney to help exercise legal rights.
Speak With a California Workersâ Compensation Attorney
If you were injured at work and believe your employer fired you or retaliated against you for filing a workersâ compensation claim, contact Franco Muñoz Injury Lawyers for a free consultation. You can call us at (510) 257-4141.
