Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

Are you afraid of getting fired for pursuing workers’ compensation?

On Behalf of | Oct 31, 2019 | workers' compensation

When you suffer a work-related injury, you have the right to file a workers’ compensation claim. However, you may have some fears about taking action. One common concern is that you may lose your job if you pursue compensation for your workplace injury.

However, there is no reason to worry about losing your job. Even if your employer does retaliate against you for filing a claim, the law is on your side.

Threatening and retaliatory employers

Many employers do not like when their employees file workers’ compensation claim. This is mostly because their insurance rates may increase. In an attempt to avoid this, employers may intimidate and discourage employees from pursuing claims. Some employers may terminate their workers or reduce wages in response to claims, but taking any type of action made in retaliation because of such claims is against the law.

California law protects you

Under state law, it is illegal for your employer to discriminate against you for submitting a workers’ compensation claim. The broad nature of the law means that it favors you when you receive unfair treatment because of an occupational injury. This law prohibits employers from penalizing workers for having an injury or pursuing a claim in the following ways:

  • Termination
  • Demotion, transfer or suspension
  • Reduction in pay
  • Threats
  • Disciplinary actions
  • Harassment

You have these protections throughout every step of the process. Your employer cannot lawfully retaliate against you for suffering an injury, announcing an intent to file a claim or pursuing a claim.

Responding to retaliation

If your employer is wise and law-abiding, there will be no retaliation for seeking compensation. Even if this worst-case scenario does happen, you can take legal action against your employer. You may be able to obtain reimbursement for any lost wages and work benefits as a result of retaliatory acts.

It can be intimidating to file a workers’ compensation claim, but you have nothing to worry about when you know the law protects you.