Getting hurt at work is already stressful. On top of the injury, many workers worry about how filing a workers’ compensation claim might affect their job now or down the road. Will your employer treat you differently? Will future companies see you as a risk? These are valid concerns—and this blog breaks it all down in simple terms.
Let’s look at how workers’ comp works, how it can affect future employment, and what laws are in place to protect workers in Los Angeles and across California.
How Workers’ Compensation Works
Workers’ compensation is a type of insurance that helps employees who get hurt on the job. It usually covers medical bills, time missed from work, and sometimes even job training if you can’t go back to your old job. In California, most employers are required to carry this insurance.
You don’t need to prove that your employer was at fault. As long as your injury happened while you were working, you may be able to file a claim. That said, each case is different, and sometimes employers or their insurance companies fight claims. When that happens, it can be helpful to talk to a workers’ comp lawyer who understands the system.
Will Filing a Claim Hurt Your Future Job Chances?
Many people worry that a past workers’ comp claim will make it harder to get a new job. But here’s the good news: in most cases, it shouldn’t. There are laws in place that stop employers from using your claim against you.
When you’re applying for a job, employers are not allowed to ask if you’ve filed a workers’ comp claim before. They can ask if you’re physically able to do the job. After offering you a job, they might require a physical or mental exam—but only if all employees in similar roles take one too.
So while your claim might show up in certain databases, it’s illegal for someone to not hire you just because of it. If that happens, you may have a case for discrimination.
Laws That Protect Injured Workers in California
California has strong worker protection laws. One of the most important is Labor Code Section 132a. This law says that employers can’t punish or treat employees differently for filing a workers’ compensation claim. That means no firing, demoting, cutting your pay, or reducing your hours just because you exercised your rights.
If your boss breaks this rule, they could face serious consequences. Here’s what could happen:
- You could get a 50% increase in your workers’ comp benefits (up to $10,000).
- The employer may have to pay your legal costs (up to $250).
- In some cases, the employer could even face a misdemeanor charge.
These penalties are in place to help make sure companies take workers’ rights seriously.
Can You Be Fired for Filing a Workers’ Compensation Claim?
Technically, your boss can fire you for many reasons—but not for filing a claim. If you are let go shortly after you file, and there’s no clear reason why, that may be a sign of retaliation. Retaliation is illegal, and you may have the right to take legal action.
Also, remember that your employer might try to claim another reason for your termination, even if it’s really about your claim. This is why keeping records—like emails, injury reports, and notes from meetings—can help if you need to prove your case later.
What Happens if You Can’t Go Back to the Same Job?
Sometimes, an injury changes what you’re able to do. You might not be able to lift heavy objects anymore, stand for long periods, or return to the same type of work. If your doctor says you have permanent work restrictions, your employer has a few options:
- Offer you a modified version of your old job.
- Offer a completely different job that fits your new abilities.
- If they can’t give you a job, you might be eligible for retraining through a Supplemental Job Displacement Benefit, which helps pay for school or skill programs.
Your injury doesn’t mean your career is over—but it might take a new direction.
Should You Be Worried About Your Career?
The fear of how a claim will affect future job offers is common, but it’s not something that should stop you from getting the help you need. In most cases, filing for workers’ compensation has no effect on your ability to work again. And if an employer does treat you unfairly, California law is on your side.
If your injury means you need to change careers, there are resources and support systems in place to help. You don’t have to figure it all out alone.
Talk to a Workers’ Compensation Lawyer in Los Angeles
If you’ve been injured at work and are worried about what comes next—especially when it comes to your job—speak with someone who can help. The process can be confusing, but a lawyer can make sure you’re treated fairly and that your rights are protected every step of the way.
Call (323) 954-1800 today for a free consultation. You don’t pay anything unless your case wins.