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- Available 24 hours a day, 7 days a week
- - SE HABLA ESPAÑOL
Filing a workers’ compensation claim is your legal right. If your employer punished you for exercising that right, California law provides strong protections and remedies.
Workers’ compensation retaliation occurs when an employer takes adverse action against an employee for filing a work injury claim, announcing intent to file, or testifying in another worker’s case. California Labor Code Section 132a explicitly prohibits this conduct and classifies violations as a misdemeanor.
The law protects employees who:
Employer retaliation takes many forms. Some are obvious, while others are subtle. Recognizing these patterns is essential to protecting your rights.
Termination or Forced Resignation Being fired shortly after filing a claim is the most direct form of retaliation. Employers may also pressure employees to resign.
Demotion or Pay Reduction Sudden demotions, reduced hours, or pay cuts without legitimate performance reasons may indicate retaliation.
Hostile Treatment Harassment, isolation from team activities, derogatory comments, or a hostile work environment following a claim can constitute illegal retaliation.
Unfavorable Assignments Reassignment to undesirable shifts, locations, or tasks after filing a claim may be retaliatory.
Excessive Scrutiny Unusual micromanagement, sudden negative performance reviews, or heightened documentation of minor issues can signal retaliation.
California Labor Code Section 132a declares that injured workers should not face discrimination for exercising their workers’ compensation rights. This protection applies to all employers—public and private—regardless of company size.
The law also holds workers’ compensation insurers accountable. Insurers that advise or pressure employers to terminate employees due to comp claims face the same penalties.
Claims under Section 132a must be filed with the Workers’ Compensation Appeals Board (WCAB) within one year of the discriminatory act.
If you prove workers’ compensation retaliation, California law provides specific remedies:
Additionally, employers found guilty face misdemeanor criminal charges.
Some employees may also have claims under the California Fair Employment and Housing Act (FEHA), which can provide broader damages including emotional distress compensation. An attorney can evaluate whether you have claims under both 132a and FEH
employment
Personal Injury
An attorney can:
Our employment law attorneys handle workers’ compensation retaliation claims throughout California. We understand both the workers’ compensation system and employment law, allowing us to identify all potential claims arising from your situation.
We evaluate whether you may have parallel claims under FEHA or wrongful termination laws that could provide additional remedies beyond the 132a limitations.
Case Evaluation We review your situation, timeline, and documentation to assess the strength of your retaliation claim.
Evidence Collection We gather performance records, pay stubs, internal communications, and witness statements to build your case.
WCAB Petition Filing We prepare and file your Petition for Increased Compensation Under Labor Code Section 132a within the required deadline.
Negotiation and Litigation We advocate for maximum recovery, whether through settlement or hearing before the WCAB.
Recovery in 132a claims depends on several factors:
The monetary award under 132a is capped at $10,000 plus lost wages and reinstatement. However, if you also have viable FEHA or wrongful termination claims, potential damages may be significantly higher.
If you were demoted, terminated, or mistreated after filing a workers’ compensation claim, you may have a valid retaliation case under Labor Code Section 132a.
Contact Mercer Legal Group to discuss your situation with an employment attorney who handles workers’ compensation retaliation claims in California.
Call (818) 900-7852 to schedule a case evaluation.
Mercer Legal Group represents employees in workers’ compensation retaliation cases throughout California, including Los Angeles, San Francisco, San Diego, and the Bay Area.
An employer retaliates against an employee who files a workers comp retaliation claim, reports a work-related injury, or seeks legal aid.
A workers comp law firm can help you gather evidence, file a complaint, negotiate with employers and insurance, and represent you in court. An expert workers comp retaliation lawyer can defend and compensate you.
Workers compensation retaliation victims may recover lost wages, reinstatement, emotional suffering, and punitive penalties. Your case and retaliation’s effects on your career and well-being decide your compensation. An employment retaliation attorney can help you to collect workers’ comp retaliation lawsuit compensation.
Workers comp retaliation lawsuits include state and case-specific statutes of limitations. Contact a workers compensation retaliation lawyer promptly to file on time.
No employer can retaliate against filers. A workers comp retaliation lawyer can help you to make an employer retaliate for workers comp.
