Being hurt in an accident at work is a stressful and painful experience, no matter what you do for a living. Alternatively, you may be diagnosed with a condition that’s directly linked to your job duties, like exposure to toxic chemicals and repetitive use injuries. Regardless of how you sustained a workplace injury, you are undoubtedly concerned about your medical needs and the wages lost during the recovery period.
Fortunately, most workers in California can file a claim for workers’ compensation through their employer’s insurance provider. However, some employers retaliate against employees that file a claim or assert their right to benefits when there is a dispute over the benefits they are entitled to.
What is Retaliation by an Employer?
In the context of a work-related injury case, retaliation refers to any adverse actions that are taken against you by your employer on the basis that you file a claim. Let’s look at some examples of employer retaliation after the filing of a worker’s compensation claim:
- Pay decrease or demotion: if you are demoted from your position or told that your wages are being cut after you file a WC claim, this is a major red flag for retaliation by your employer. The key is to prove that there is no valid reason for the pay cut or demotion, like decreased job performance.
- Increased scrutiny: essentially, we are talking about micromanagement and nitpicking as an effort to catch you doing something wrong or make you feel uncomfortable and intimidated.
- Termination / resignation by force: this is an extreme form of retaliation where the employee is forced out of their job after they assert their right to worker’s comp Aside from outright termination, you may be the victim of forced resignation if you were under intense pressure to leave.
- Harassment: this category refers to a wide array or bullying and intimidation tactics by the employer, such as isolating the worker from team activities, making insulting comments, and taking away / denying privileges. The employer may also create a toxic work environment by encouraging co-workers to engage in harassment or not doing anything when the affected employee files a harassment complaint.
Should I be Worried About Retaliation for Seeking Workers’ Compensation?
There is always the possibility that an employer will take punitive measures against an employee when there is a disagreement over worker’s compensation. However, there are laws in California that offer protections and legal remedies for those who are facing unfair treatment in the workplace. Retaliation for claiming WC benefits is illegal in California, and you have legal options that we can help you explore during a free, private consultation.
Legal Protection for Employer Retaliation Victims
Under California Labor Code §132(a), employers are prohibited from discriminating or retaliating against workers who assert their right to compensation for a work-related injury or illness. This applies to all employers in California, regardless of the business type and size, or whether they are a public or private entity. Actions by an employer that can form the basis of a discrimination and retaliation claim include:
- Demotion or termination of employment
- Wage reduction of cutting hours
- Negative performance reviews without merit
- Increased monitoring and micromanaging tactics
- Exposure to a hostile work environment
You also have protections against retaliation from your employer under the The California Fair Employment and Housing Act (FEHA). This act goes into detail regarding unfavorable employer activities that constitute retaliation and the safeguards that are in place for the affected worker.
At the end of the day, you have the right to file for workers’ compensation and file an appeal if your claim is denied. If you believe that your rights are being violated after you filed for workers’ comp, contact our office for advice and guidance.
Retaliation and Its Impact on Employers
Unfortunately, there are workplaces that are dominated by a culture of fear and retaliation. That’s why it’s essential to hold employers responsible when they try to take away your right to workers’ compensation. Employers who engage in retaliation tactics may be ordered to pay the following damages:
- Back pay, value of work benefits, and/or reinstatement of your employment
- Non-economic damages for emotional distress
- Punitive damages against the employer
How to Prove a Case for Workplace Retaliation
There’s no doubt that succeeding in a case for retaliation by your employer comes with many challenged. However, proving that you are facing discriminatory treatment is not impossible, especially with help from an experienced California workers’ compensation lawyer.
To ensure that you have a strong case against your employer, make sure to:
- Document and save everything – don’t take it for granted that something is not important. Any communication between you and your employer, detailed notes about the changes in your work environment, comments from your supervisors and co-workers – these are examples of evidence that give your case strength and credibility.
- Report all incidents of retaliation – though you may be scared of further adverse treatment, it’s essential to do the right thing and establish official records of what you are going through. Don’t stay silent, and make sure to report incidents or and suspected retaliation to your HR department.
- Seek legal advice – consider talking to a lawyer with experience in workers ‘compensation cases, who can talk to you about your available legal options.
Our Lawyer are Here for You 24/7
We understand how fear of retaliation can stop you from reaching out to someone, but we want to assure you that California has comprehensive laws that prohibit the practice of retaliation against employees that file a WC claim. Our attorneys are here to help you, so please reach out to us with any questions or concerns.
If taking legal action against your employer is the right course of action, we never charge upfront for the cost of legal services. With the Zero Fee Guarantee, legal fees are deferred until the end of your case, when a portion of your settlement goes toward covering our expenses. If we don’t win your case, you pay us $0 for the cost of representing you.
To learn more about the ways we can assist you, contact California Labor Law Employment Attorneys Group to schedule a free case review.
