After suffering a workplace injury, you might have filed a claim for workers compensation. However, your employer might have fired you because you filed a workers comp claim. If this happened to you, it is important that you seek legal assistance as soon as possible. You could have a right to file a lawsuit for unlawful termination.
If you are interested in learning more about the legal options available to you after you were fired for filing a workers comp claim, please do not hesitate to reach out to our law firm at your earliest convenience. Our lawyers here at the California Labor Law Employment Attorneys Group, our workers compensation lawyers are more than ready to provide you with the guidance that you need to need to fight for your rights and get justice.
Are you ready to explore the legal options available to you? If so, contact our workers compensation lawyers at your earliest convenience.
Reasons Employees Pursue Workers’ Compensation Claims
Employees who are injured on the job, whether its through repetitive motions, accidents, etc., have the right to file workers compensation claims. All employers are required to have workers compensation insurance, which is provides coverage whenever an employee is injured on the job or while performing any duties within the scope of their employment.
In general, filing a workers comp claim is an easy process. Injured employees request an application from their employers, submit it, and start getting their benefits once approved. Unfortunately, many employers decide to simply fire their employees when they apply for workers compensation benefits – which is illegal.
Far too many employers get away with illegal termination of their employees. This is usually because employees are unaware of their rights or simply do not know how to proceed legally to fight for their rights.
Below, we will provide you with general information about your rights if your boss fired you after filing a workers comp claim.
Can My Boss Fire Me for Filing a Workers Comp Claim?
No – you cannot be fired simply for filing a workers compensation claim. As an employee, you have certain rights, which include the right to file a workers compensation claim after a workplace accident.
In California, and many other states, it is illegal to fire an employee for filing a workers’ compensation claim. Employees are protected by laws that prohibit retaliation for simply exercising their rights as employees (or rights protected under labor laws). In other words, employees have the legal right to file for workers compensation and have further protections if they face any retaliation (including termination) for exercising such a right.
More about the Law that Protects California Employees
Under California Labor Code § 132a, it is illegal for employers to terminate employees for filing or even intending to file workers compensation claims. In addition, the Fair Employment and Housing Act (FEHA) makes it illegal for employers to retaliate against employees because they have asserted any rights under the law (such as filing a workers comp claim). This means that, if you ask about workers compensation or go through with filing your claim but are fired, you may have grounds to file a lawsuit for retaliation.
Can I File a Retaliation Lawsuit if I was Fired for Filing a Workers Comp Claim?
Yes, you could have the right to file a lawsuit for retaliation. Retaliation can be defined as any adverse action (for example, discrimination, termination, etc.) taken by an employer against an employee as a result of the employee engaging in any legally protected activity. In addition to termination, other examples of retaliation can include demotion, reduction in pay, reduction in hours, negative performance reviews that are false, denial of benefits, denial of promotions, increased scrutiny, and a hostile work environment, for example.
If you were fired for filing a workers comp claim, you could file a lawsuit and recover compensation, which could include lost wages, reinstatement (or rehiring), emotional distress, and more.
How Can I Prove that I was Fired for Filing a Workers Compensation Claim?
To prove that you were fired in retaliation for filing a workers’ comp claim, you will need to prove that there is a connection between your termination and your workers comp claim (this may include comments, memos, emails, etc. from your employer or even the timing of the termination). You must also demonstrate that you engaged in a protected activity and that your employer took adverse action against you as a result. Examples of relevant evidence can include details surrounding your incident, copies of the claim you filed, any communications with your employer about the claim (i.e., questions about how to file, confirmation that your claim was received, etc.), and details about your termination. If your termination was disguised under poor performance, previous performance reviews showing positive performance can support your claim, for example.
If you are unsure of how you can prove that you were terminated in retaliation of your workers comp claim, reach out to an experienced workers comp retaliation lawyer as soon as possible.
Pursuing a Claim
In California, labor claims must go through the state labor agency, which will investigate the claim and take action against the employer. However, employees could choose to pursue civil lawsuits instead. Employees must request the right-to-sue to be able to pursue civil claims with the help of an attorney.
We understand that pursuing a claim for retaliation after being unjustly fired for filing a workers comp claim can be intimidating. If you find yourself unsure of what to do next or unsure of the process, please do not hesitate to reach out to our team as soon as possible. We are ready to guide you every step of the way.
Contact the California Labor Law Employment Attorneys Group Today!
Our employment experts are more than ready to provide you with the guidance that you need to begin or continue your workers comp retaliation lawsuit against your employer. If you are ready to speak with our knowledgeable labor law attorneys, contact us today. Our lawyers are equipped to handle your claim and help you secure the payout that you are owed.
Contact us today for a free case evaluation! Whether you are looking to begin or continue your retaliation lawsuit, our lawyers are ready to help you get the justice that you deserve.
