No matter where you live and what you do for a living, there is a risk of falling down at some point because you slipped on or tripped over something. Though falling down and hurting yourself is not an uncommon event, some people end up with injuries that are serious enough to require surgery. In particular, people who injured themselves from a fall often need to have knee surgery to repair a fractured kneecap or torn ligaments and tendons.
Due to the extended recovery time after surgery and reduced mobility in your leg, you may need time off from work. This can be for half a day every now and then for medical treatments, or up to several months for the most severe injuries to the knee. During this time, you are protected from losing your job by state and federal laws. Sadly, many employers use a worker’s disability as an opportunity to fire them, typically as an act of discrimination and/or retaliation.
Were you fired from your job after knee surgery following a slip and fall? Whether you were hurt at work or somewhere else, you have the right to take time off for a serious medical condition and not be subjected to adverse treatment from your employer. If you are a victim of wrongful termination, contact our law firm right away and allow us to advise you of your rights and legal options. You may have the right to sue your employer for disability discrimination and wrongful termination, which you can learn about during a free consultation.
The Elements of a Slip and Fall Accident
A slip and fall is a specific type of accident where the victim falls down because they slipped on something. In most cases, the victim slips on water or another substance on the ground or floor. But slip and falls can also happen on staircases, inside elevators and escalators, and many other places we frequent on a daily basis.
If you fell down and hurt yourself at work, it’s likely that you can file a claim for workers’ compensation through your employer. For accidents outside of work, you may have grounds to sue a business, homeowner, or someone else in charge of the property. A property owner is liable for your injuries if:
- The owner or someone acting on their behalf (an employee, for example) caused the slip and fall hazard
- The owner or operator of the property failed to resolve hazardous conditions on the property
- The hazard was something the owner or their agent should have known about via reasonable inspections and maintenance of the premises.
If one of these factors is applicable to your situation, you may be entitled to compensation from the property owner. This is important to note, as a personal injury lawsuit can make you eligible for additional payments, like pain and suffering, which is not available through worker’s compensation. However, there are certain rules that you should be aware of as someone who has the option of filing for workers’ comp and a third party lawsuit for injuries that require knee surgery. A slip and fall lawyer at our office can go over these issues with you during a free case review and ensure that you are aware of all the available legal actions.
Short-Term Disability Benefits after a Slip and Fall
All workers in California must pay into a system known as SDI, or short-term disability insurance. These payments are made automatically via payroll deductions. So, you may be eligible to receive weekly SDI benefits if you need to be out of work after a knee surgery. To qualify for these payments, you must have earned $300 or more during a 12-month period, which is known as your “base period.”
How much you can receive in short-term disability is based on a percentage of your average weekly pay. Typically, you will receive 60 to 70% of the wages you earned during your base period. However, there is a maximum weekly amount of $1,681 for SDI claims filed as of 2025. You can receive these payments for up to 52 weeks, and your employer is forbidden from making adverse employment decisions based on the fact that you are receiving or filed a claim for SDI benefits. If you have been fired or subjected to unfair or abusive treatment and believe that it has to do with a temporary or permanent disability, make sure to give us a call and talk to our attorneys about the steps you can take.
Can I be Fired After Having Surgery for a Slip and Fall?
It’s not impossible for an employer to fire you after a knee surgery or any other type of medical procedure. If, for example, your work performance is not meeting the standards set forth by the company, California’s at-will system allows your employer to fire you, with or without notice. However, an employer cannot make the decision to fire someone on the basis of discrimination against a protected characteristic, like having a serious medical condition. Furthermore, your employer cannot terminate you for engaging in a protected job-related activity, like filing a WC claim or going on medical leave.
The vast majority of workers in California are entitled to unpaid, job-protected medical leave under the California Family Rights Act (CRFA). You may also have the right to ask for leave time according to the U.S. government’s Family and Medical Leave Act. Under the FMLA, employees that meet the criteria for extended leave under the following circumstances:
- To focus on your medical needs for a serious health condition
- To care for a seriously ill family member
- Time to bond with your child after giving birth, adopting a child, or welcoming a foster child into your home
In order to qualify for the protections offered by the FMLA, you must work for an employer that employs at least 50 people that work at least 20 weeks per year. You must also have worked for your current employer for no less than 1,250 hours in the last 12 months.
Similar to the FMLA, the CFRA allows you to have up to 12 weeks of unpaid leave for medical reasons, including time to recover after having a baby. However, the CFRA has additional protections that are unavailable under the FMLA, like the right to take medical leave to care for a sick domestic partner.
If you lost your job after you asked for or returned to work from CFRA or FMLA leave, you can explore the option of suing your employer for wrongful termination.
Advice from a California Wrongful Termination Lawyer
Losing your job is devastating, especially when you are trying to heal from injuries after a slip and fall. If the accident happened because of someone else’s failure to exercise reasonable care, you have the right to seek monetary damages, like medical expenses, lost income, and pain and suffering. Or, you can file a claim for workers’ compensation benefits if you got hurt during the course of your job duties.
With any kind of legal action, counsel from a skilled attorney is the best way to ensure a successful outcome. Here at California Labor Law Employment Attorneys Group, you can contact us immediately with the assurance of knowing that your consultation is 100% free of charge. Plus, we do not ask you to pay for our services until the recovery of your settlement. This way, you can walk away without owing us a single cent if we fail to win your case.
Our employment lawyers look forward to fighting for you and upholding your rights to seek medical care and job-protected leave after a slip and fall accident.
