Can I be Fired for Filing a Workers’ Compensation Claim?

One reason many people avoid filing claims for workers' compensation is the fear they will lose their jobs.

As a California employee, you are entitled to workers’ compensation benefits. When you file a workers’ compensation claim, your employer is responsible for helping you negotiate with their insurance provider to recover benefits. Unfortunately, some employers may attempt to fire, or otherwise discipline, an injured worker.

Can They Do That?

It is illegal for your employer to fire you after you tell them you intend to file a workers’ compensation claim. California’s Labor Code Section 132(a) specifies that there should not be discrimination against workers who were injured at work. It is a misdemeanor for an employer to discharge or threaten to discharge an employee because they have filed a workers’ compensation claim or have expressed their intent to file one.

When an Employer Does Retaliate

It’s important to understand that California is generally an employment “at-will” state, meaning that an employer can fire an employee at any time, for any reason. Employees can also quit whenever they want, without needing to provide a reason. In addition, California employers are also allowed to reassign or assign duties as they see fit.

At-will employment can make it difficult for injured employees who have filed for workers’ compensation to claim retaliation. Though retaliation is against California law, it can be difficult to prove that your firing was retaliatory. However, it is not impossible.

What to Do if You are Fired After Filing a Claim

Employees that are fired for filing a workers’ compensation claim are left with no job, and no way to pay for the damages caused by their workplace injuries. A skilled workers’ compensation attorney can help you to recover the compensation you are owed.

An attorney may take note of any of the following that happened after an employee reported an injury:

• Their job duties changed drastically in a negative way.

• The employee was reassigned to a tough supervisor who is known for making people quit.

• The employee’s hours and/or pay were cut and/or they got demoted directly after filing their claim.

• The employer and/or managers began harassing the employee after the injury.

• The employee was fired outright directly after reporting the injury.

If your employer terminates you while you have an open workers’ compensation claim, if your job expectations suddenly become more difficult, or if you are fired while you are receiving treatment, you should strongly consider talking to an attorney. 

A certified workers’ compensation specialist can help you determine whether or not your firing was in retaliation for filing a claim, and decide what the next steps will be to recover the benefits you deserve.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.