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.

1. 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.
2. 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

1. Write down what happened. Note dates, what was said, and who was involved while the details are fresh.
2. Keep copies of records. Save your workers’ comp claim paperwork, medical notes, performance reviews, and any termination letter.
3. Avoid signing anything right away. Severance agreements or releases can waive valuable rights, so have an attorney review them first.
4. Continue your workers’ compensation claim. Being fired does not end your right to medical treatment or disability benefits for your injury.
5. 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.