Can You Be Fired for Filing a Workers’ Compensation Claim in California?

In California, employees who are injured on the job are entitled to file a workers’ compensation claim. This process is designed to provide medical treatment, disability payments, and compensation for lost wages without the need to sue the employer directly. Yet many workers hesitate to file a claim due to fear of retaliation, especially the fear of losing their jobs.

California law offers strong protections to ensure that workers can report injuries and pursue benefits without punishment. Specifically, California Labor Code Section 132a makes it illegal for an employer to discriminate against, threaten, or fire a worker simply because they filed or plan to file a workers’ compensation claim. Retaliation in any form violates your legal rights. If you’re worried that filing a claim could put your employment in jeopardy, it’s important to understand that the law is on your side and that there are real consequences for employers who break it.

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Understanding What Counts as Retaliation

Retaliation isn’t always as direct as a pink slip. In fact, many employers try to sidestep the law by disguising their actions. If you’ve recently filed a claim and begin to notice sudden, negative changes in how you’re treated at work, it could be a sign of retaliation. These changes can take many forms:

Being demoted or reassigned to a lower-paying position
Receiving negative performance reviews without justification
Experiencing verbal abuse or being excluded from meetings
Having your work hours reduced significantly
Being pressured to quit through constant scrutiny or micromanagement

While some of these actions may seem subtle on the surface, their timing and connection to your injury claim can paint a different picture when viewed legally. If these behaviors begin shortly after you report a workplace injury, you should not ignore them. Retaliation can seriously impact not only your job security but also your mental and emotional health. If you’re unsure whether what you’re experiencing qualifies as retaliation, speak with a knowledgeable attorney. An experienced legal team can help you determine whether your rights have been violated and what steps to take next.

Legal Protections and Your Right to Take Action

The law doesn’t just prohibit wrongful termination; it gives workers the ability to hold employers accountable when retaliation occurs. If you believe your firing was a result of filing a workers’ comp claim, you may have two potential claims:

Section 132a Claim: This is a workers’ compensation-specific claim that addresses discriminatory actions tied directly to your injury or your filing of a claim. If successful, you may be awarded reinstatement, lost wages, and an increase in your benefits.
Wrongful Termination Lawsuit: Outside of the workers’ comp system, California law also allows for lawsuits when an employer violates public policy, such as firing an employee for exercising a legal right like workers’ compensation. This may allow for broader types of compensation, including emotional distress damages and punitive damages.

Pursuing either type of claim involves evidence, emails, performance reviews, witness statements, or records of communication can all support your case. While each case is different, the common thread is clear: employers cannot punish workers for getting hurt or seeking the benefits they are legally entitled to. Andrea R. Herman is a workers’ compensation attorney focused on helping employees who are injured at work and then treated unfairly. She is here to support you every step of the way, making sure your rights are protected and that your voice is heard.

What If You Were Fired After You Filed a Claim?

Some employees wait to file a claim until their injury worsens or they can no longer work through the pain. Others file their claim and are then shocked to be fired days or weeks later. Regardless of the timing, the firing does not erase your legal rights. If you were hurt while employed, even if you’ve been terminated since, you still have the right to pursue benefits. Filing a claim post-termination is entirely legal as long as the injury happened during your employment. However, the process can become more complicated, especially if your former employer is unwilling to cooperate. Here are some important actions to take if you've been fired:

Document Everything: Keep a detailed timeline of your injury, your communication with your employer, and the sequence of events that led to your termination.
Request Your Employment Records: You’re entitled to see what’s in your personnel file, including any notes or documentation related to your termination.
Speak With an Attorney Immediately: These situations are time-sensitive, and the sooner you get legal guidance, the better your chances of protecting your claim.

A sudden firing doesn't mean you're out of options. Even if the employer claims the termination was for performance or business reasons, a closer look may reveal a retaliatory motive. That’s why legal assistance is so critical in these situations.

Contact the Law Office of Andrea R. Herman for Help With Your Workers’ Compensation Claim

Filing a workers’ compensation claim in California should never put your job at risk. If you’ve been injured at work, you deserve medical care, support, and fair treatment, not punishment. At the Law Office of Andrea R. Herman, we fight for workers who are doing the right thing but facing unfair consequences. We understand how stressful a work injury can be. Add the fear of losing your livelihood, and it becomes even more overwhelming. That’s why we step in, to make sure you’re treated with the dignity and fairness the law promises.

If you’re concerned about your job or already facing retaliation, contact us. Let’s discuss your situation and find the best way forward together.