First and foremost, it’s important to know that it is illegal for your employer to retaliate or terminate you for sustaining a job injury or for filing a workers’ compensation claim. The same protection applies to co-workers who testify in your case. This type of discrimination is prohibited under California Labor Code Section 132a.
Under Labor Code Section 132a, an injured worker can file a claim with the Workers’ Compensation Appeals Board and recover up to $10,000. Additionally, the worker can seek a judicial order for reinstatement from the courts.
Moreover, the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) mandate that employers with 50 or more employees must provide up to 12 weeks of unpaid leave for serious medical conditions, ensuring that you do not lose your job during this period.
If your injury results in a permanent disability, the federal Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA) protect you from discrimination based on your disability.
If you feel that your job is at risk, it’s crucial to seek legal advice immediately to review your options and understand the deadlines for filing complaints or claims.
Contact us today to discuss your situation and explore your legal remedies at (510) 257-4141.