If you were injured while making a delivery in California, you are entitled to legal protections, such as workers’ compensation. Workers’ comp offers coverage for your medical expenses and the wages that are lost while you are recovering from an accident. Furthermore, you are protected from termination by your employer if you have been injured or exercise your right to WC, disability, or medical leave.
If your employer has violated your rights as a California employee, it’s essential to speak with an experienced employment attorney. Car accidents during delivery are common occurrences, and sadly, employers will use these incidents as an excuse to fire someone. Delivery workers in this situation have questions about their rights, such as:
- Do I have a case for illegal termination against my employer?
- If I am eligible for a lawsuit, how long do I have to file a claim?
- Can I sue if I wasn’t fired, but my employer demoted me, cut my hourly rate, or took some other punitive action against me?
We can provide answers to all your questions and help you develop a plan of action if you were fired for reporting an accident that occurred while you were making a delivery. Our attorneys will fight to secure the payments you need and ensure that your employer is held accountable for their conduct. Please contact us today if you were wrongfully terminated from a work-related accident.
What are My Rights if I am Injured at Work?
First and foremost, it’s illegal for employers in California to fire an employee due to a workplace injury. Your right to keep you job is established under California’s Labor Code Section 132(a). So, if you report an accident to your employer and tell them you need to file for worker’s comp, your employer is prohibited from terminating your employment. If your employer fires you in response to a work-related injury or your intention to seek workers’ compensation, you have the right to sue them for wrongful termination.
The right to sue is based on the fact that employers are forbidden from discrimination based on a medical condition, including injuries within the scope of employment. If your employer is in violation of the laws, they can face civil penalties, along with criminal sanctions. Under California law, adverse employment actions against a worker that files a workplace accident claim may be charged as a misdemeanor.
If you choose to file a wrongful termination lawsuit, you can seek restitution such as front and back pay, lost work benefits, reinstatement of your job, and possibly a salary increase of up to $10,000. Please note insurance companies can also be sued if they were complicit in the termination. Thus, you may have grounds to sue the insurance company as well, which is another avenue we can explore with you during a free consultation.
Your Right to Protected Medical Leave
The California Family Rights Act allows workers to request unpaid medical leave for a serious health condition. If you lose your job because over a medical leave request, or your employer threatens to fire you if you take medical leave, you may have the right to file a wrongful termination claim.
In order to sue your employer for wrongful termination, you must have evidence showing that:
- You were eligible for leave time under state and/or federal law (California Family Rights Act or the Family and Medical Leave Act)
- Upon taking leave or requesting the time off, you were fired from your job.
- Instead of being fired, your employer took other adverse actions against you, like demoting you to a lower position, denying you a promotion / bonus, or reducing your salary.
The key is to show that your request for medical leave (and/or workers’ compensation) was the primary motivation in the actions that were taken against you. Due to your employer’s actions, you suffered harm, such as financial hardship, mental anguish, and damage to your professional reputation. A skilled unlawful termination lawyer will help you gather evidence and build a strong case for compensation.
Statute of Limitation to File a Wrongful Termination Lawsuit
The amount of time you have for a wrongful termination lawsuit in California will vary, depending on the basis of why you were fired from your employment. Common situations that make a termination unlawful include:
- Violation of public policy
- Breach of employment contract
- Violation of discrimination and retaliation laws under California’s Fair Employment and Housing Act
- Violation of the California Worker Adjustment and Retraining Act (pursuant to a mass layoff)
- Violation of state or federal whistleblowing laws (Sarbanes-Oxley Act or California Labor Code Section 1102.5).
Based on which law was broken, the statute of limitations to sue your employer can be anywhere from 2 to 4 years. A California employment lawyer can help you determine the correct deadline, based on your personal circumstances.
Help from a Los Angeles Work Accident Injury Lawyer
Are you a delivery worker who was fired after being injured in an accident? Did you lose your job because you asked to file a workers’ compensation claim or took leave that is guaranteed to you by state and federal laws?
California Labor Law Employment Attorneys Group is here to bring you justice in the form of monetary damages. We have been fighting for the rights of California employees for several decades, and we know what it takes to secure the payment you deserve by law.
By retaining our law firm, you pay $0 out of pocket, since all of our attorneys work on contingency. On top of that, all clients are protected by the Zero Fee Guarantee. That means our payment is based on winning your case, and if we lose, you owe us $0 in legal fees.
It all begins with a free case review, so contact our law firm to speak with a wrongful termination lawyer.
