My employer is treating me unfairly now that I filed for workers’ comp in California, is that allowed?
No, it is illegal for an employer to treat an employee differently or unfairly because they filed a workers’ compensation claim in California. This type of behavior is considered retaliation, and it is prohibited under California law.
Retaliation can look like:
- Demoting an employee
- Reducing an employee’s hours or pay
- Giving the employee undesirable tasks or assignments
- Harassing or bullying the employee
- Firing the employee
It’s important to document any incidents of retaliation and report them to your employer’s HR department or supervisor as soon as possible. If your employer does not address the issue, you may need to file a complaint with the California Division of Workers’ Compensation or pursue legal action.
Remember, retaliation is illegal, and you have the right to protect yourself and seek legal remedies if you are being treated unfairly because you filed a workers’ compensation claim.
What if I filed for workers’ comp and got fired?
When some employers notice an employee files a workers’ comp claim they might try to terminate the employee because of the injury. If an employee is fired after filing a workers’ compensation claim, the employer could face legal consequences for wrongful termination or retaliation. That’s against the law in California. An employer cannot fire you simply because you filed a workers’ comp claim. If they do, they could be violating the Retaliatory Employment Discrimination Act, (REDA). REDA is one of a number of laws enacted after the 1991 Imperial Foods Inc. fire in which more than 70 employees were killed or injured in a chicken processing plant that had previously been cited for numerous safety violations.
If you have been fired after filing a workers’ compensation claim, you may be able to file a retaliation claim against your employer. Under California law, employees who have been retaliated against for filing a workers’ compensation claim may be entitled to compensation, including lost wages, reinstatement, and damages for emotional distress.
Wrongful firing includes:
- Reporting a work accident
- Filing a workers’ compensation claim
- Refusing to perform work greater than the restrictions assigned by the treating physician
- Hiring a workers’ compensation lawyer
- Missing work with an excuse from the treating physician
If a firing takes place after workers’ compensation benefits are received, it is unlikely that these benefits will be affected. It is more likely that workers’ compensation benefits will be denied if the firing occurs before benefits are received or after income benefits are suspended. A firing will usually affect an injured worker’s entitlement to income more so than medical benefits.
How’s REDA work?
REDA protects employees who have been hurt on the job and are entitled to workers’ comp benefits. It also protects them from being mistreated at work for filing a claim. Yet people still get fired when they come back after an injury. Why? In certain cases, if an employee files a claim, they might as well have a proverbial bull’s-eye on their back. The reason is, employers and insurance companies know that if the employee is terminated for non-workers’ comp issues, the amount they’ll have to pay may be significantly reduced. In other words, it can often be cheaper to fire an employee than to pay them workers’ comp benefits. That is why some employers may try to get the employee back to work right away, and then look for any technicality to get rid of them. This is often done under the guise of rehabilitation. Rehab the worker as best as possible to get them back to work as quickly as possible. Then fire them so you don’t have to possibly deal with a more substantial workers’ comp settlement.
If you have been fired after filing a workers’ compensation claim, you may be able to file a retaliation claim against your employer. Under California law, employees who have been retaliated against for filing a workers’ compensation claim may be entitled to compensation, including lost wages, reinstatement, and damages for emotional distress.
Would my case actually be better if I am terminated after a workers’ comp claim?
If you are terminated after filing a workers’ compensation claim, you may have a stronger case for retaliation or wrongful termination than if you had not filed a claim. This is because California law prohibits employers from retaliating against employees for filing a workers’ compensation claim. If you can show that your termination was related to your workers’ compensation claim, you may have a strong case for retaliation or wrongful termination.
To build a strong case, you should document any incidents of retaliation or mistreatment that occurred after you filed your workers’ compensation claim. You should also gather any evidence that supports your claim, such as emails, text messages, or witness statements.
It’s important to note that the burden of proof is on the employee to show that the termination was related to the workers’ compensation claim. Therefore, it’s important to speak with an experienced workers’ compensation attorney who can advise you on your legal rights and help you build a strong case.
If you believe that your employer is treating you unfairly or got terminated because you filed a workers’ compensation claim, you should speak with an experienced workers’ compensation attorney. Here at Solov & Teitell we can advise you on your legal rights and options, and help you determine if you have a retaliation claim.
