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

What protection do have when filing for workers’ compensation?

On Behalf of | Apr 5, 2023 | workers' compensation

You may worry that if you file for workers’ compensation benefits your employer will be upset and take negative actions against you. While this could happen, it is illegal.

There are various laws that protect you from retaliation. Your employer has no right to fire you or take other actions to punish you for expressing your right to file a workers’ compensation claim.

Labor Code rules

The Labor Code has a specific section addressing retaliation. It states that your employer cannot threaten you or do anything to you because you file a claim or take other actions against the employer.

Another part of the Code gives the Labor Commissioner the right to hold your employer accountable for any type of retaliatory actions. The Retaliation Complaint Investigation Unit handles all claims of employer retaliation.

Your steps

If you suffer retaliation, you have to file a claim to seek help from the Labor Commissioner. You have one year in which to file your claim. The RCI will then investigate and handle the process of holding your employer accountable for any illegal actions.

Make sure that you understand what retaliation is. It can be anything from reducing your hours and pay to moving you to a new position that is less desirable than your old one. It can be tricky to know what falls under this umbrella, so you may wish to look into the specific laws.

While you have every right to file a workers’ compensation claim, your employer may become upset that you did. If you face any pushback for filing, make sure you stand up for your rights.