Consistent Successfor Over 25 Years
Steven M. Sweat, Personal Injury Lawyers, APC
Justia Lawyer Rating for Steven M. Sweat
BBB Rating A+
Avvo Rating 10.0 Top Attorney
Top 100 Trial Lawyers
10 Best 2018 Attorney - Client satisfaction
Multi-million Dollar Advocates Forum
Super Lawyers - Steven M. Sweat - 10 Years
The State Bar of California
Client Champion Silver 2020
Lead Counsel
Top 10 - Personal Injury Lawyer

Can I get Fired for Filing a Workers' Compensation Case in California?

Man Injuried Can I get fired for filing a workers compensation case in California? Hundreds of thousands of Californians are injured while they are working every year. In 2014, more than 460,000 nonfatal injuries were reported by employers in the state, according to the U.S. Bureau of Labor Statistics. When people are injured while they are working on the job, it is illegal for their employers to fire them because of their injuries. Despite this, employers in California fire workers because they have suffered industrial injuries all of the time. If you have been fired because you were injured while you were working, an experienced Los Angeles attorney may help you to recover damages. There are several potential remedies that you might be able to pursue.

Action Filed With the California Workers’ Compensation Appeals Board

In addition to a workers’ compensation claim, workers in California may file an additional claim under Cal. Labor Code section 132(a). Under this law, employers who fire, discriminate against or threaten to fire workers because they have been injured and intend to file a workers’ compensation claim are guilty of a misdemeanor. The employee may receive an increase of up to one-half of his or her compensation up to $10,000 and be reinstated to his or her former job. The employee may also be compensated for his or her costs up to $250 and receive his or her lost wages and benefits. Insurers who tell the employers to fire injured workers who have made claims may also be found guilty of a misdemeanor. They may be ordered to pay the workers’ costs and increased amount of compensation as previously outlined.

Wrongful Termination Claim Based on the Worker’s Known Disability or Medical Condition

You may also be able to file a wrongful termination claim against your employer if you were fired because of your medical condition or disability that resulted from your workplace injury or illness. In order to prevail on this type of claim, you will need to be able to prove all of the elements by a preponderance of the evidence. You will need to show the following:

  • You were employed by the defendant company;
  • The company knew about your medical condition or disability;
  • You were able to perform your job duties with a reasonable accommodation;
  • Your employer fired you instead of offering the reasonable accommodation, or you were constructively discharged;
  • Your medical condition or disability was the motivating factor for your termination; and
  • You suffered harm as a result.

In order to prove this type of claim, you must have requested a reasonable accommodation that would have allowed you to perform the duties of your job. Under the Americans with Disabilities Act, companies are required to offer reasonable accommodations to disabled workers if the accommodations would not cause substantial hardships to the employers. So if the workers compensation doctor states that you can return to work with certain reasonable restrictions (such as not being required to lift over a certain amount, being allowed to get up from your desk and stretch, etc.), and the employer is aware of these requests but is unreasonable in not allowing the requests and, instead, terminates your position, this may be actionable as a wrongful discharge of employment.

Wrongful Termination Claims for Taking or Requesting Medical Leave

You have the right to request and to take medical leave to care for yourself under the California Family Rights Act. If your employer retaliated against you because you requested medical leave because you were injured on the job, you may file a wrongful termination claim against your employer. In order to prove this claim, you will be required to prove that you were eligible to take medical leave and that you either requested it or took the leave. You will then need to prove that your employer fired you or took another adverse action against you and that your medical leave or request for it was a primary motivating factor. Finally, you will need to prove that you were harmed because of the retaliation by your employer.

In most instances where a work injury has occurred, the worker may need time off to deal with treatment. California requires employers to provide this requested medical leave time and prohibits a worker from being terminated in retaliation for making such a request.

What to do if you get Fired for Filing a Workers Compensation Case In California

If your employer is taking adverse actions against you that you believe are in retaliation for suffering an industrial injury accident, it is important for you to document what is happening or what has happened to you. You should do so in writing with the human resources department at your workplace. You should also secure copies of your employment file, including your performance reviews and your injury accident report. You will also need to secure copies of your medical records to prove that your injury was caused by your workplace accident. Finally, you should contact an experienced lawyer to get help with filing your claim.

Contact an Experienced Lawyer

It can be overwhelming to suffer a workplace injury. If you are injured at work, you have the right to file a claim for workers’ compensation benefits. If your employer retaliates against you because of your industrial injury or because you requested or took leave, it is important for you to speak to an experienced lawyer as soon as possible. Contact our office to schedule your consultation and to learn more about the potential remedies that might be available to you.

Client Reviews
I have known Steven for some time now and when his services were required he jumped in and took control of my cases. I had two and they were handled with the utmost professionalism and courtesy. He went the extra mile regardless of the bumps in the road. I can not see me using any other attorney and I would recommend him to any of my family and friends. Josie A.
Steven was vital during our most trying time. He was referred by a friend after an accident that involved a family member. While he was critical and lying in the hospital, Steven was kind, patient and knowledgeable about what we were going through. Following our loss, Steven became a tough and aggressive negotiator and made sure that we receive a huge compensation. I would refer Steven in fact, this happened 2 years ago and I still speak highly of his service. Cheryl S.
Mr. Sweat is a pitbull in the courtroom as well as settlement negotiations - You can't have a better equipped attorney in your corner! It is a pleasure working as colleagues together on numerous cases. He can get the job done. Jonathan K.
Because of Steven Sweat, my medical support was taken care of. Plus, I had more money to spare for my other bills. Steven is not only an excellent personal injury lawyer, providing the best legal advice, but also a professional lawyer who goes beyond his call of duty just to help his clients! He stood up for me and helped me get through the process. I would definitely recommend. I couldn't think of any better lawyer than him. MiraJane C.
I must tell anyone, if you need a great attorney, Steve sweat is the guy! I had an awful car accident and had no idea where to turn. He had so much to deal with because my accident was a 4 car pile up. Not to mention all the other cars were behind me and they were not wanting to settle in any way! He never stopped working for me and had my best interest at heart! Audra W.
I believe I made the best choice with Steven M Sweat, Personal Injury. I was very reluctant to go forward with my personal injury claim. I had a valid claim and I needed a professional attorney to handle it. I felt so much better when I let Steven take my case. His team did everything right and I am very satisfied. Stia P.
I have to say that Steve has been exemplary! I met Steve at a point with my case that I was ready to give up. He took the time and dealt with all of my concerns. Most importantly, he was present and listened to what I was going through. He was able to turn things around, put me and my case on the right track! The results were better that expected! Highly recommend!! Cody A.