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Workers' Compensation & Personal Injury Attorneys in Walnut Creek, California
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Brand Peters PC is unique because of our ability to handle both personal injury and workers’ compensation cases. From construction accidents to traffic collisions, our attorneys have ample experience in mediating and litigating wide a range of case types.
Accident insurance should give you peace of mind when misfortune strikes. But sometimes, insurance companies will attempt to avoid their responsibilities to cut costs. If you or a loved one has been injured at work or because of a different act of negligence, don’t hesitate to call our Bay Area law firm. We proudly serve those throughout Oakland, Livermore, Fairfield, and Antioch, California.
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After being injured in an on-the-job accident, you should not hesitate to obtain the help of a workers’ compensation attorney from Brand Peters PC. With extensive experience in all matters related to work injury claims and filing for workers’ compensation, you can trust us to represent you. We also assist clients who are struggling with a range of matters related to workers’ compensation, including eligibility requirements, obtaining medical treatment, and obtaining temporary disability benefits. No matter how complex your situation may be, our workers’ comp attorneys are here to help you move forward.
We have the resources and skills to handle claims that involve multiple parties and lengthy settlement processes. If you or someone you love has been hurt in an accident, one of our personal injury attorneys will fight for the fair compensation you need to navigate the recovery process and rebuild your life after the misfortune. We have successfully represented thousands of injured clients throughout the San Francisco Bay area and are ready to provide you with the care and support you deserve. Call us at (925) 489-0746 today in Walnut Creek, California, to schedule your free initial consultation.
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Can I Be Fired for Filing a Workers’ Comp Claim in Walnut Creek?
No. California law makes it illegal for an employer to fire, demote, or otherwise punish you for filing a workers’ compensation claim. Under Labor Code Section 132a, workers’ comp retaliation in California is both a civil violation and a misdemeanor. Employees who are fired for filing workers’ comp claims may be entitled to reinstatement, back pay, and additional compensation. If you were let go in Walnut Creek shortly after reporting a workplace injury, you may have a valid retaliation claim. Because strict deadlines apply, speaking with a workers compensation lawyer in Walnut Creek as soon as possible can help protect your rights.
What California Law Says About Workers’ Comp Retaliation
California Labor Code Section 132a makes it unlawful for an employer or its insurer to discriminate against an employee for filing, or even intending to file, a workers’ compensation claim. The statute covers more than outright termination. It also protects employees who receive a workers’ comp award or settlement, or who testify in another worker’s case before the Workers’ Compensation Appeals Board (WCAB).
An employer found to have violated Labor Code 132a faces both civil consequences through the WCAB and, separately, misdemeanor criminal liability. Insurers are also barred from pressuring an employer to fire an injured worker by threatening to cancel a policy or raise premiums.
Workers’ comp retaliation in California is treated seriously because the system depends on employees feeling safe enough to report injuries and use their benefits without fear of losing their jobs.
What Counts as Retaliation for Filing a Workers’ Comp Claim
Retaliation is not limited to being fired the day after you report an injury. Under California law, it can include an employer:
- Terminating you because you filed, or said you planned to file, a workers’ comp claim
- Demoting you or cutting your hours or pay after a workplace injury
- Refusing to reinstate you once your doctor releases you to return to work
- Harassing you, giving unwarranted discipline, or creating a hostile environment tied to your claim
- Denying a promotion or benefits you would otherwise have received
- Pressuring you to drop or delay your claim
Timing matters. If adverse treatment follows soon after you report an injury or file a claim, that timing can support an inference of retaliation, though the employer will often argue there was a separate, legitimate reason for its decision.
Your Rights Beyond Labor Code 132a
A work injury retaliation case often overlaps with other protections. If your injury created a disability or limitation, the California Fair Employment and Housing Act (FEHA) may also protect you from disability discrimination and require your employer to consider reasonable accommodations before taking action against you.
California also recognizes wrongful termination in violation of public policy, a common law claim that applies when an employer fires a worker for a reason that violates a clear public policy, such as retaliating against someone for exercising their right to workers’ compensation benefits. Depending on the facts, you may be able to pursue a 132a petition, a FEHA claim, a wrongful termination lawsuit, or more than one of these at the same time. Understanding your rights as an injured employee is an important first step.
Deadlines to File a Retaliation Claim
Deadlines for workers comp retaliation claims in California are strict, and missing one can end your case regardless of its merits.
- Labor Code 132a petition: You generally must file a petition with the WCAB within one year of the discriminatory act or the date of termination. You must also have an open workers’ compensation case, since a 132a petition cannot stand on its own.
- FEHA complaint: If your claim involves disability discrimination, you generally have three years from the discriminatory act to file a complaint with the California Civil Rights Department before you can pursue a lawsuit.
Because these timelines run separately and some overlap with your underlying workers’ comp case, it is best to speak with an attorney as soon as possible after you are fired or disciplined.
What You Can Recover if You Were Fired for Filing Workers’ Comp
If the WCAB finds your employer violated Labor Code 132a, available remedies can include:
- Reinstatement to your former position
- Reimbursement for lost wages and work benefits you missed because of the retaliation
- Increased compensation of up to half of the amount of your workers’ comp award, capped at $10,000, plus costs and expenses up to $250
- Misdemeanor penalties against the employer or insurer, which are prosecuted separately from your civil claim
If your case also involves FEHA disability discrimination or wrongful termination in violation of public policy, you may be able to pursue additional damages, including lost earnings, emotional distress, and in some cases attorney’s fees.
Steps to Take if You Were Fired After a Work Injury
- Write down what happened. Note dates, what was said, and who was involved while the details are fresh.
- Keep copies of records. Save your workers’ comp claim paperwork, medical notes, performance reviews, and any termination letter.
- Avoid signing anything right away. Severance agreements or releases can waive valuable rights, so have an attorney review them first.
- Continue your workers’ compensation claim. Being fired does not end your right to medical treatment or disability benefits for your injury.
- Talk to a workers compensation lawyer promptly. Given the one-year deadline for a 132a petition, early advice helps preserve your options.
Talk to a Walnut Creek Workers’ Compensation Lawyer
Being fired for filing a workers’ comp claim is illegal, but proving retaliation and meeting strict filing deadlines can be difficult without help. The team at Brand Peters PC has guided injured workers throughout Walnut Creek and the East Bay through the workers’ comp process, including claims involving retaliation and wrongful termination.
If you believe you were fired, demoted, or otherwise punished for filing a workers’ comp claim, do not wait to get advice. Call Brand Peters PC at (925) 489-0746 or reach out online for a free consultation to discuss what happened and what your options are.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.
Left-Turn and Intersection Accident Liability in Walnut Creek
In most left-turn accidents, the driver making the left turn is presumed to be at fault, since California law requires a turning driver to yield the right of way to oncoming traffic close enough to pose a hazard. This presumption is not automatic or absolute, and drivers going straight can share or bear fault if they were speeding, ran a red light, or otherwise contributed to the crash. Because Walnut Creek’s downtown mixes heavy left-turn traffic along corridors like North Main Street and Ygnacio Valley Road with pedestrians and cross traffic, these disputes come up often. Here is how California law actually determines fault at intersections and left turns.
The Left-Turn Statute: California Vehicle Code 21801
Under California Vehicle Code Section 21801, a driver intending to turn left or complete a U-turn must yield the right of way to all vehicles approaching from the opposite direction that are close enough to constitute a hazard, and must continue to yield until the turn can be completed with reasonable safety. Only once the turning driver has properly yielded do oncoming drivers have a duty to yield to the completing turn. In practice, this means a left-turning driver who pulls out in front of oncoming traffic that had the right of way is typically considered at fault for a resulting collision, since the statute places the burden of avoiding the hazard on the turning vehicle, not the vehicle going straight.
How Fault Can Shift to the Through Driver
The presumption against a left-turning driver is a starting point, not a final answer. California courts and insurers recognize several situations where a driver going straight through the intersection may share or bear primary fault, including:
- Running a red light or entering the intersection after the signal had already changed
- Speeding, which can make a gap in oncoming traffic appear larger and safer to turn into than it actually was
- Distracted driving that delayed braking or evasive action
- A driver who was not visible to the turning driver due to another vehicle blocking the sight line
Because these disputes often turn on timing, speed, and signal phase, physical evidence and witness accounts frequently become central to resolving fault.
Right-of-Way at Stop Signs and Uncontrolled Intersections
Not every intersection crash in Walnut Creek involves a left turn. California Vehicle Code Section 21802 requires a driver facing a stop sign to come to a complete stop and yield to vehicles already in the intersection or close enough to constitute a hazard, only proceeding once it is safe to do so. At an uncontrolled intersection with no stop signs or signals, California’s basic right-of-way rule generally gives priority to the vehicle that arrives first, or, when two vehicles arrive at approximately the same time, to the vehicle on the right.
Important: Traffic signal timing, dash camera footage, and witness statements are often decisive in left-turn and intersection cases, since these crashes frequently come down to conflicting accounts of who had the green light or right of way. This kind of evidence can be difficult to obtain once time has passed, so documenting the scene and identifying witnesses promptly matters.
Evidence That Commonly Determines Fault
Because right-of-way disputes rarely resolve based on vehicle damage alone, several types of evidence are typically used to reconstruct how an intersection or left-turn crash occurred:
- The official police crash report and diagram
- Traffic signal timing data or nearby camera footage
- Witness statements from other drivers or pedestrians
- Vehicle damage patterns, which can indicate the angle and point of impact
- Skid marks, which may suggest speed or reaction time
- Event data recorder information from the vehicles involved
Comparative Fault Can Still Apply
California follows a pure comparative negligence rule, established in the landmark case Li v. Yellow Cab Co. of California, 13 Cal. 3d 804 (1975). Under this rule, an injured driver can still recover compensation even if they share some percentage of fault for the crash, with their recovery reduced by that percentage rather than eliminated. In a left-turn or intersection case, this means both drivers’ conduct can be scrutinized, and a left-turning driver found mostly, but not entirely, at fault can still recover a reduced amount if the other driver also contributed to the crash, for example by speeding through a yellow light.
Common Left-Turn and Intersection Crash Locations in Walnut Creek
Certain intersections tend to see repeated left-turn and cross-traffic disputes due to a combination of high traffic volume, multi-phase signals, and pedestrian activity. Locations along North Main Street, Ygnacio Valley Road, and the busier segments of Mount Diablo Boulevard see a steady mix of commuters, left-turning traffic into shopping centers and side streets, and pedestrians crossing near downtown businesses, all of which increase the likelihood of a disputed right-of-way claim.
Deadlines That Can Affect Your Claim
In California, an injured driver generally has two years from the date of the accident to file a personal injury lawsuit under California Code of Civil Procedure Section 335.1. A shorter deadline applies if a government entity, such as the City of Walnut Creek, contributed to the crash through a malfunctioning signal or a road design issue, since California Government Code Section 911.2 generally requires a formal claim within six months. Missing either deadline can permanently bar recovery, regardless of how clearly the right-of-way rules favored the injured driver.
Talk to a Walnut Creek Car Accident Attorney
Left-turn and intersection accidents often involve disputed right-of-way claims and conflicting accounts of what happened, so having experienced legal guidance early can make a meaningful difference. Brand Peters PC represents injured clients throughout Walnut Creek in a full range of personal injury claims, including auto accident cases. Our attorneys can investigate your crash, gather the evidence needed to establish fault, and fight for the compensation you deserve. Contact us or call (925) 489-0746 today for a free consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.