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

What are the steps to file a workers’ comp retaliation claim?

On Behalf of | Oct 4, 2024 | workers' compensation

Filing for workers’ compensation should protect you from financial loss after an injury at work. Unfortunately, some employers retaliate against workers who file claims. If you experience retaliation, you can take action by filing a retaliation claim.

Identify the retaliation

The first step in filing a workers’ comp retaliation claim involves recognizing the retaliation. Retaliation can come in many forms. These may include unjust firing or demotion, reduction in hours or pay, unfounded disciplinary actions, and a hostile work environment or harassment.

Gather evidence

Strong evidence is essential for a successful claim. Collect any relevant documents, such as emails, memos, performance reviews, or written warnings. These can help show a change in how your employer treated you after you filed for workers’ compensation. Testimonies from coworkers who witnessed the retaliation may also support your case.

File a complaint 

Once you gather evidence, you can file a complaint with the California Labor Commissioner’s Office. The complaint must include details of the retaliation, supporting evidence, and the dates of incidents. The Labor Commissioner’s Office will investigate your claim and may schedule a hearing if necessary.

Prepare for the investigation

During the investigation, your employer will have the opportunity to present their side of the case. It’s important to stay organized and provide any additional information the investigators request. This process may take time, but it’s important to allow the investigation to proceed.

Moving forward

Filing a workers’ compensation retaliation claim may feel overwhelming, but it plays a big role in protecting your rights as an employee. By following the proper steps, you can take action against unfair treatment and help make sure that workplaces remain fair. 

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