Can My Employer Fire Me If I Seek Workers Comp?

If you suffer a workplace injury, you may worry that your boss will fire you if you decide to file for workers compensation benefits ― especially if you work in a tough job market. Fear not, however, because California law expressly protects you from this exact type of employer retaliation.

In fact, while you may not have a legal right to a particular job, it is illegal for your employer to terminate you for seeking workers comp. Specifically, under California Labor Code Section 132a, it is a misdemeanor for an employer to fire, threaten to fire or discriminate against you just because you intend to file, or have already filed, a workers compensation claim. If your employer violates this statute, you may be entitled to:

  • Reinstatement to your job
  • Reimbursement for lost wages
  • Reimbursement for lost work benefits
  • Workers compensation increased by 50 percent, up to $10,000

This same statute also protects you and your job from employer retaliation should you decide to testify on behalf of another employee before the workers compensation appeals board.

As an injured worker, you have the right to seek workers compensation benefits without fear of retaliation from your employer. At the Law Offices of Kropach & Kropach, A Professional Corporation, we will help you enforce this right.

Whether you have questions about workers compensation retaliation or the workers comp process in general, our experienced attorneys can explain your rights and legal options. For nearly four decades, our lawyers have been helping injured workers, and we can do the same for you. Call us today at 818-609-7005 for your free consultation. You can also reach us online. From our Encino office, we serve clients throughout the San Fernando Valley.

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