At Solov & Teitell, we represent injured workers across Los Angeles who are navigating not only the challenges of healing from a job-related injury, but also the fear of retaliation at work. One of the most common and stressful questions we hear is: “Can I be fired for having work restrictions?”
This is especially common among workers placed on modified or light duty by their treating physician. After reporting an injury and following through with medical care, many workers return to work only to face changed attitudes, reduced hours, or even termination. If this has happened to you—or if you suspect your employer is treating you differently because of your restrictions—it’s critical to understand your rights under California’s workers’ compensation laws.
California law offers strong protections against retaliation, including termination, when it stems from a workers’ comp claim or medically ordered restrictions. But employers don’t always play by the rules. Some attempt to sidestep the law, avoid accommodations, or use vague justifications to remove an injured worker.
In this guide, we’ll explain your legal protections, break down what counts as retaliation or wrongful termination, and provide actionable steps you can take to protect yourself—and your future—after an injury at work.
Understanding Your Rights After a Workplace Injury
When you get hurt on the job in California, your rights don’t end at filing a workers’ compensation claim. In fact, your protections under the law begin the moment you report your injury to your employer. These protections include the right to receive medical treatment, temporary and permanent disability benefits, and job accommodations—without fear of retaliation.
The key law protecting you is California Labor Code § 132a, which prohibits employers from discriminating against employees who file for workers’ comp or who express an intent to file. This includes termination, demotion, harassment, or refusal to accommodate work restrictions. Employers found guilty of violating this law may owe increased compensation, back pay, and even be ordered to reinstate the employee.
In addition, the Fair Employment and Housing Act (FEHA) protects employees with temporary or permanent disabilities by requiring employers to engage in an “interactive process” to determine whether reasonable accommodations—like modified duties or adjusted hours—can be provided.
The moment you report your injury and receive work restrictions, your case becomes protected by these layers of state law. If your employer reacts by reducing your hours, sidelining you, or trying to push you out, that could be a red flag—and possibly grounds for a claim of retaliation under workers’ compensation laws.
Can You Be Fired for Light Duty Work Restrictions?
While California is an at-will employment state, meaning employers can generally terminate workers for almost any legal reason, they cannot fire you simply because you have work restrictions due to a job-related injury. This type of termination would be a direct violation of workers’ compensation protections.
After your treating physician places you on light duty, your employer is required to explore accommodations. These accommodations might include modified tasks, alternative roles, or adjusted schedules—all aimed at allowing you to continue working within the limitations set by your doctor.
Unfortunately, we’ve seen employers who fail to provide any light-duty options and instead claim there’s “no work available.” Others may reduce hours to an unsustainable level or isolate the injured employee until they feel pressured to resign. These actions, while not as direct as a termination, may still amount to constructive discharge, which is legally actionable.
If you are fired shortly after being placed on restricted duty, timing is key. Courts and administrative judges often look closely at the sequence of events to determine whether your employer’s reasoning holds up—or whether it masks retaliation for your injury and limitations.
What Counts as Retaliation or Wrongful Termination?
Retaliation under workers’ compensation law is not always obvious. It doesn’t always involve direct threats or written statements. Often, it shows up as a gradual decline in working conditions, a pattern of unequal treatment, or shifting justifications for disciplinary action or termination.
In our experience, retaliation can include things like being reassigned to physically impossible tasks, being left off schedules after restrictions are issued, or having your workload dramatically increased in spite of your injury. It can also look like unwarranted write-ups, negative performance reviews, or sudden changes in job expectations that weren’t issues prior to your injury.
Wrongful termination occurs when you’re fired specifically because you filed a workers’ compensation claim, reported a job injury, or received medical work restrictions. That’s where Labor Code § 132a comes in—it recognizes these terminations as discriminatory and provides legal remedies.
At Solov & Teitell, we investigate every possible form of retaliation—not just the obvious ones. If your work environment changed for the worse after you reported your injury or started modified duties, it may not be coincidental. And if you’ve been terminated, we can help determine whether that decision was lawful—or retaliatory.
What To Do If You’re Fired While on Work Restrictions
Being fired while on light duty can be devastating. You may feel like you did everything right—reported your injury, followed your doctor’s instructions, and tried to keep working—only to be punished for it. If this happens, don’t panic. You still have rights under California workers’ compensation law.
First, gather and preserve documentation. Save emails, text messages, doctor’s notes, write-ups, and any other records that could establish a timeline. These details are often essential in building a strong 132a claim for retaliation.
Next, formally request the reason for your termination in writing. While employers aren’t legally obligated to provide this, asking sets a serious tone and may expose inconsistencies if they later change their story.
It’s also important to continue pursuing your workers’ comp benefits. Being fired doesn’t disqualify you from receiving medical care, temporary disability payments, or compensation for permanent impairment. Your claim remains valid—even if your job ends.
Finally, reach out to an experienced workers’ compensation attorney. At Solov & Teitell, we can review your situation, identify legal violations, and pursue justice through a 132a claim or other appropriate legal action. You don’t have to go through this alone.
Can You Still File for Workers’ Compensation After Being Fired?
Yes—you can absolutely continue your workers’ compensation claim even if you’ve been terminated. Many injured workers mistakenly believe that being fired disqualifies them from receiving benefits. This is simply not true.
In California, your eligibility for workers’ comp benefits is based on when and how the injury occurred—not on your employment status at the time of filing. If the injury happened while you were working, and you reported it properly, you are entitled to receive medical treatment, temporary disability benefits, and other compensation—even if you were later let go.
In fact, termination after an injury is sometimes a signal to the workers’ compensation system that retaliation may be involved. It’s not unusual for a termination to trigger additional scrutiny, especially if the timing is suspicious or the employer failed to accommodate restrictions.
If you’re unsure about how your firing might affect your benefits—or your legal options—our team at Solov & Teitell can help clarify your next steps. Don’t give up your claim without a thorough legal review.
What About Unemployment Benefits?
Whether you can collect unemployment benefits after being fired post-injury depends on your medical status and work ability. Generally, to qualify for unemployment in California, you must be physically able and available to work.
If your doctor says you are unable to work in any capacity, you likely won’t qualify for unemployment. However, if you’ve been cleared for modified duty and your employer failed to accommodate you—or terminated you despite your willingness to work—you may be eligible.
Unemployment benefits in workers’ compensation cases can get complicated. The burden is often on the injured worker to prove they’re willing and able to work within their restrictions. But with proper documentation, many claimants succeed.
Our firm has helped clients navigate both the workers’ comp and unemployment systems simultaneously. If you’ve been denied benefits or are unsure whether you should apply, we’re here to guide you through the process and help you fight for the compensation you deserve.
How to Prove a Retaliation Claim Under Labor Code § 132a
To file a successful Labor Code § 132a claim, you must prove that your employer retaliated against you specifically because of your injury or your exercise of workers’ compensation rights. This is not always easy—but with the right documentation and legal strategy, it is entirely possible.
Start by comparing your treatment before and after your injury. Did your job duties change dramatically? Were you suddenly disciplined for things that were never an issue before? Were you singled out, ignored, or given fewer hours?
Next, collect all relevant documentation. Doctor’s reports, termination letters, performance reviews, and HR emails can all become key evidence. If your employer gave one reason for your termination, then later gave a different explanation, that inconsistency may help prove your case.
Timing matters too. If your termination occurred within weeks or even months of your workers’ comp claim or medical restrictions, the timing alone can raise a legal presumption of retaliation.
Our attorneys at Solov & Teitell have successfully handled many 132a claims. We know how to build the strongest case possible—and how to respond to employers who try to hide their motives behind vague excuses.
You’re Not Powerless—We’re Here to Help
Being injured at work is hard enough. Being fired while you’re still recovering—or trying to follow your doctor’s restrictions—adds insult to injury. But you don’t have to accept it.
California law protects you. And so do we.
At Solov & Teitell, we’ve helped countless workers in Los Angeles and across California assert their rights, recover compensation, and hold employers accountable when they violate labor and workers’ compensation laws. If your employer has retaliated against you, refused accommodations, or wrongfully terminated you for following your medical restrictions, we’re ready to fight back on your behalf.
You’re not just a case number to us. You’re someone who got hurt doing your job—and deserves to be treated fairly.
Contact us today for a free, confidential consultation. Let’s get you the answers, protection, and compensation you deserve.