The Division of Workers’ Compensation in California provides you with monetary damages if you are injured on the job. However, many employees worry about filing a workers’ compensation claim because they are unsure about the potential results of a claim. You may even wonder if your employer can fire you while you’re on workers’ compensation in California.
You can use this article to review California’s regulations on workers’ compensation cases. Go over your legal rights while on workers’ compensation with the Simmrin Law Group. Call (310) 997-4688 to get immediate answers to your questions.
Legal Protections for Employees on Workers’ Compensation
Legally, employers are not allowed to fire you just because of a workers’ compensation claim in California. In fact, it is against the law for an employer to fire you just for:
- Saying that you plan to file a claim
- Submitting a workers’ compensation claim
- Settling a workers’ compensation claim
- Winning a workers’ compensation award
- Getting a physician to give you a disability rating
Employers cannot lawfully punish you for missing time at work after you sustain an injury on the job. Additionally, your job should not be threatened if you support another employee who submitted a workers’ compensation claim in California.
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Other Forms of Retaliation for Employees on Workers’ Compensation
As you can see, you should not be fired just for using the workers’ compensation system in California. However, your employer may take other steps to “punish” you for making a workers’ compensation claim. Retaliatory actions are also against the law in California.
For example, your employer cannot legally reset your seniority at the company because you filed a workers’ compensation claim. If you are facing unfair treatment tied to a workers’ compensation claim, you can get help now from the Simmrin Law Group. Start getting legal protection by calling us at (310) 997-4688.
Exceptions to Protections Associated with Workers’ Compensation
Legally, your employer may not fire you for filing a workers’ compensation claim. However, this does not mean that you will never be fired while you’re on workers’ compensation in California. The law only prohibits employers from firing you because of a workers’ compensation claim.
You may lose your job while on workers’ compensation for other reasons. For example, if your company down-sizes and removes your previous position while you are recovering from your injuries, you could legally be fired.
Additionally, if you experience a permanent disability as a result of your injury, it could impact your employment. You may be unable to perform the tasks associated with your job because of your disability. In this situation, your work must make reasonable accommodations for you. However, if you cannot carry out your job even with these accommodations, you could be fired.
Sometimes, employers make excuses to fire employees who filed a workers’ compensation claim. If you believe you lost your job unjustly, you have legal options to seek justice.
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Legal Options if You Were Fired on Workers’ Compensation in California
You should contact a legal professional if you believe your employer fired you for filing a workers’ compensation claim. Getting help right away increases your odds of successfully securing a remedy for your situation.
A lawyer in California can take steps to investigate the facts surrounding your dismissal from work. The team at the Simmrin Law Group can look into:
- Your employer’s past attitudes towards employees who filed workers’ compensation claims
- Your ability to perform necessary job tasks
- The truth around any down-sizing performed by the company
Seeking legal assistance if you were unjustly fired can allow you to get your job back. You may also be awarded:
- Wages you lost after being unlawfully fired
- Up to 50% of your workers’ compensation award as a penalty
Note that you may be awarded up to $10,000 if your employer is penalized for unlawfully terminating you over a workers’ compensation claim. Take immediate steps to protect yourself from illegal actions if you filed a worker’s compensation claim. Reach out to the professionals at the Simmrin Law Group now to get help.
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Get Help if You Were Fired While on Workers’ Compensation in California
Employers in California are not allowed to fire employees just for using the workers’ compensation system. However, sometimes employers make up other reasons to fire employees who file a workers’ compensation claim. You may be able to get help in this situation from the Simmrin Law Group. Find out more with a FREE case evaluation.
Call (310) 997-4688 or complete our online contact form to speak with a professional legal team now.