Have You Been a Victim of Workers’ Compensation Retaliation?

 Posted on March 28, 2021 in Workers' Compensation

California law requires employers to carry workers’ compensation insurance. This insurance is designed to cover medical bills and partial lost wages for workers who are hurt on the job. California law also prohibits employers from retaliating against employees who have filed a workers’ compensation claim. Employers cannot fire or otherwise discriminate against a worker simply because he or she filed for workers’ compensation. Victims of workers’ compensation discrimination may be entitled to job reinstatement, additional financial compensation, and reimbursement for lost wages.

What Actions Are Considered Discriminatory?

Some employers are irritated by an employee filing a workers’ compensation claim – even when the employee has a legitimate work injury and is rightfully entitled to workers’ compensation benefits. The employer may take out this frustration on the employee by treating him or her differently than the other employees. Not only is this practice unethical, it is also unlawful. Employers who discriminate against an employee because of a workers’ compensation claim, settlement, or award are guilty of a misdemeanor criminal offense.

Examples of actions that may constitute workers’ compensation discrimination or retaliation include:

• Firing the injured worker

• Reducing the injured worker’s salary

• Demoting the worker to a lower position

• Taking unjustified disciplinary actions against the injured worker

• Harassing the injured worker

• Forcing the worker to use vacation days for medical appointments

• Refusing to reinstate an injured worker to his or her former job even though the position is still available and the employee is capable of performing the job

Legal Remedies for Workers’ Compensation Discrimination

If you suspect that you have been retaliated against because of a matter related to workers’ compensation, speak with a workers’ compensation attorney right away. Your attorney can determine whether your employer’s actions are in violation of California law and help you seek legal remedies for the retaliation. Workers who are discriminated against may be entitled to:

• Job reinstatement

• Reimbursement for lost wages

• Reimbursement for the value of lost employment benefits

• Additional financial compensation through workers’ compensation up to $10,000

A petition for workers’ compensation discrimination is referred to as a Labor Code 132a petition. To be eligible for lost wages and other legal remedies, you must file the petition within one year of the discriminatory act.

Contact a Morgan Hill Workers’ Compensation Attorney

Employers are prohibited from discriminating against employees who file a workers’ compensation claim. If you were demoted, fired, harassed, or otherwise discriminated against because of a workers’ compensation matter, contact Cramer & Martinez, LLP. Our team of experienced Santa Clara County workers’ compensation lawyers can help you assert your rights. Call 408-848-1113 for a free consultation.

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=132a.