Job security is the last thing you want to worry about when you suffer a workplace injury. Some workers are reluctant to file a workers’ compensation claim for fear of how their employers might react. That raises an important question for all Californians: Can employers punish you for filing a workers’ compensation claim?
The Law
In California, it is strictly illegal for an employer to treat you differently after you file a workers’ compensation form. They cannot yell at you, discipline you, cut your hours, threaten your job, or fire you because of your workplace accident. If your employer reprimands you in any way for your accident, you should speak to a lawyer as soon as possible.
However, employers can terminate you for other reasons. If your employer planned to cut your hours before the accident or if they’re downsizing the entire company, they may be acting legitimately. If you suspect your workplace singled you out because of the accident, you may want to hire an attorney and file a complaint.
Employer Penalties
Employers who terminate you because of a workers’ comp claim take an enormous risk. If you can prove they acted inappropriately, you can recover additional compensation for both your injury and your hours lost. In some circumstances, employers who retaliate against employees may face criminal charges. However, you hold the burden of proof for this claim.
If you suspect your employer has discriminated against you because of your workers’ compensation claim, you should seek an attorney as soon as possible. Having a legal professional on your side who is familiar with examining evidence and getting answers will improve your chances of obtaining justice.
If you or someone you love suffered an injury in a workplace accident, you might have a case. If you’d like to schedule a free case evaluation with an experienced attorney from Hinden & Breslavsky, please send us an email or call 323-472-4692.