Did you hurt yourself from a slip and fall at work and lost your job shortly after? Do you believe that you were fired as a direct result of reporting the incident, filing a complaint about dangerous conditions at work, or seeking benefits from workers’ compensation?
Under California law, you may be entitled to compensation from a wrongful termination claim. If you were hurt at work and told that your services are no longer needed, it’s important to contact a law firm that specializes in labor disputes. To seek guidance from a wrongful termination lawyer, please schedule a free case review.
Can You be Fired for being Injured?
California is an at-will employment state, and this is why people are confused about whether an employer can fire someone that is hurt from a slip and fall or any other accident at work. However, an employer cannot fire you on the basis of being injured at work. This is illegal under the California Labor Code, and employers that are in violation can face stiff penalties under the law. In addition, the employee that was fired can seek monetary damages as compensation for their harm and suffering.
Fired after a Slip and Fall at Work – What Should I Do?
If you were fired after a slip and fall incident at work, there are several important steps that you should take. This is not a comprehensive list of everything that needs to be done, but a general outline of the process to file a wrongful termination complaint:
- Seek legal advice from a lawyer that can evaluate the strength of your case and the evidence that’s needed to ensure a successful outcome.
- File a claim for workers’ compensation and other benefits you are eligible to receive. These claims have tight deadlines, and waiting too long means you can lose the right to seek medical expenses and lost wages.
- Gather evidence that has to do with your accident, the resulting injuries, and the illegal treatment from your employer. Medical records, your termination notice, witness statements, emails and texts from your employer are just some of the evidence that cap help you as a victim of wrongful termination.
- Consult a disability discrimination lawyer if you were fired after asking for reasonable accommodations to help you perform your job duties. Protections under the Americans with Disabilities Act may provide you with grounds to sue your employer for discrimination.
Protection for Injured Employees Under California Law
Those who are injured at work have strong protections in California, which include:
- The right to protection from retaliation by the employer when you file a complaint or claim for benefits you are eligible to receive
- The right to ask for reasonable accommodations for an injury or disability, according to the California Fair Employment and Housing Act (FEHA)
- Depending on your eligibility, the right to take a leave of absence for medical reasons under the Family and Medical Leave Act (FMLA). While the leave is unpaid, your employer must keep your position open for you during this time or give you a comparable position upon your return to work.
- Just like the FMLA, the California Family Rights Act (CFRA) may provide you with up to 12 weeks of unpaid leave for serious medical conditions, without the fear or losing your job.
- Under the Americans with Disabilities Act (ADA), employers cannot discriminate against a disabled employee, nor can they refuse to make workplace accommodations that are within reason.
How to Prove that Your Termination is a Form of Retaliation
Workplace retaliation refers to adverse employment actions by the employer, such as termination, for engaging in a legally protected activity. To prove that you are a victim of retaliation, the following elements must be established:
- Proof that you were taking part in a protected activity, like filing a workplace accident claim or filing a complaint about unsafe work conditions
- Because you participated in a legally protected activity, your employer took negative action against you, such as ending your employment or demoting you to a lower position.
- The adverse employment decision is a direct result of the protected activity (the timing is crucial in these cases).
- The pretext (reason) for termination is false or used to disguise the real motive, which is retaliation.
Can I Sue for Wrongful Termination?
Yes, you may be eligible for a wrongful termination lawsuit if you were fired because of slip and fall injuries from an accident at work. You may have been fired for reporting the accident and asserting your right to workers’ comp benefits. Or, you file a complaint due to discrimination because of a work-related injury, and your employer fires you as a result.
A lawsuit involves many challenging tasks that you will struggle to accomplish on your own. Our attorneys can help you locate evidence, formulate legal arguments, file a complaint with the applicable entities, and negotiate a settlement with your employer.
Statute of limitations to File a Wrongful Termination Claim
Under California’s Fair Employment and Housing Act, a claim for wrongful termination must be filed within 3 years of when you were fired by your employer. Upon submitting the claim, you have 1 year to file a civil lawsuit, which you can only do upon receiving a Right to Sue notice from the agency. Due to the deadlines that are involved and how long it takes to get a response from the FEHA, it’s in your best interest to initiate the legal process immediately by contacting our office.
What is the Compensation I can Receive?
If you were fired illegally or retaliated against in some other way after being injured at work, you may be entitled to monetary damages that can go towards your losses. The main categories of compensation for a wrongful termination lawsuit are as follows:
- Back pay to compensate you for earnings that were lost starting from the date of termination until the date your claim is resolved. This payment includes overtimes, bonuses, and any other wages that you would have earned.
- Future lost wages on top of back pay if your ability to find a new job / make a living was affected by a wrongful termination of the injury you sustained at work.
- Emotional distress for the psychological impact of being fired unlawfully, which resulted in mental health issues like anxiety and depression.
- Punitive Damages if your employer’s actions were especially negligent or malicious. Please note that punitive damages can only be awarded by a jury, so this is not applicable if your case is settled out of court.
When Should I Hire an Attorney?
Hiring an employment lawyer can make a significant difference in how your case is resolved if you are fired after getting into an accident at work. To give you an idea of when you should hire an attorney, here are some key examples:
- If your termination involves retaliation –do you believe that you were fired for taking time off after a slip and fall accident at work, or because you filed for workers’ compensation? These are examples of wrongful termination as a form of retaliation.
- If your employer is trying to downplay your injury – your employer may try to get out of providing you with WC benefits by downplaying the severity of your injury or saying that you slipped and fell outside of your workplace.
- If your employer offers a settlement or severance package – your employer has the right to offer you a settlement or severance in order to leave your job. However, the terms of the settlement should always be reviewed by an attorney to ensure that you are getting a fair offer, based on what you are losing by giving up your job.
Speak to a California Employment Attorney
If you suspect that you were wrongfully terminated after a slip and fall or other workplace injury, legal advice is essential to the recovery process. Our legal team is standing by to evaluate your case and answer any questions you have, so please get in touch at your earliest opportunity.
We represent all clients on contingency, meaning you are not asked to pay anything upfront. As long as we secure payment on your behalf, our legal fees will be paid by the party you are suing. Otherwise, we make $0 under the Zero Fee Guarantee, thereby ensuring there is no loss to your finances.
We look forward to hearing you story during a free consultation and helping you move forward in a positive direction.
