You are allowed to file a workers’ comp claim, and you can do so without fear of retaliation. If your employer discriminates against you because you file a good faith workers’ comp claim, you have powerful protections at your back that can help. Employers who violate the law are subject to significant sanctions and you could be owed substantial compensation.
At Ratto Law Firm, P.C., our California workers’ compensation attorneys are here to help. We help fight back against retaliation by employers and seek the full measure of benefits you’re entitled to.
What Labor Code 132(a) Actually Says
Labor Code 132(a) makes it illegal for employers to discriminate against workers because they:
- Filed a workers’ compensation claim
- Reported a workplace injury
- Testified in a workers’ comp case
- Expressed an intent to file a claim
Employers are not allowed to discourage valid claims or threaten any kind of retaliation either. They often imply there will be consequences for filing claims, and hope you’ll just deal with your injury on your own.
If an employer violates 132(a), the worker may be entitled to:
- A 50% increase in workers’ comp benefits (up to $10,000)
- Reimbursement for lost wages
- Job reinstatement
- Restoration of lost seniority or benefits
- Costs and expenses related to the claim
These remedies are separate from any workers’ compensation benefits you may already be receiving.
What Retaliation Looks Like Under 132(a)
Retaliation isn’t always obvious. Sometimes it’s subtle, disguised as “policy changes” or “business decisions.” California law recognizes many forms of retaliation, including:
1. Termination or Forced Resignation
Firing an employee just because they filed a claim is one of the easiest to recognize violations. Even if they pressure you to quit, that could qualify.
2. Demotion or Loss of Responsibilities
If your job duties suddenly change, or you’re moved to a less desirable position without a legitimate reason, it may be retaliation.
3. Pay Cuts or Reduced Hours
Employers cannot punish injured workers by lowering their income or cutting their schedule.
4. Negative Performance Reviews
If, all of a sudden, your performance ratings start to suffer when everything was positive before, this may be an indicator of retaliation.
5. Harassment or Hostile Treatment
You might face:
- Comments about your claim
- Intimidation before or after the claim
- Unfair scrutiny related to your claim
6. Refusal to Accommodate Work Restrictions
If your doctor gives you modified duties and your employer refuses to honor them, it may be discriminatory.
7. Denial of Opportunities
Being passed over for promotions, training, or assignments because you filed a claim is unlawful.
Retaliation can be a single event or a pattern of behavior. What matters is whether the employer’s actions were motivated by your injury or claim.
How to Prove a 132(a) Violation
To succeed in a 132(a) claim, you must show:
- You were injured at work or filed a workers’ comp claim
- Your employer knew about the injury or claim
- You suffered discrimination or retaliation
- The retaliation was because of your injury or claim
Evidence can include:
- Emails or texts
- Witness statements
- Performance reviews
- Work schedules
- Pay records
- Doctor’s notes
- Written warnings or disciplinary notices
The more documentation you have, the stronger your case.
How to File a 132(a) Claim
A 132(a) petition is filed with the Workers’ Compensation Appeals Board (WCAB), not in civil court. The process typically involves:
- Completing a written petition
- Providing evidence of retaliation
- Attending hearings
- Presenting testimony
- Allowing the judge to determine whether discrimination occurred
You must file the petition within one year of the retaliatory act. Missing this deadline can prevent you from pursuing the claim.
What to Do If You Suspect Retaliation
If you believe you’re being retaliated against:
- Document everything
- Save emails, texts, and written warnings
- Keep copies of pay stubs and schedules
- Follow your doctor’s restrictions
- Report unsafe or discriminatory behavior
- Consider speaking with a workers’ compensation attorney
Retaliation cases often hinge on evidence and timing, so acting quickly is important.
Do You Face Retaliation for Filing a Workers’ Comp Claim? We’re Here to Help
Workers’ compensation is something you have the right to under the right circumstances. Employers cannot demote, fire, or otherwise discriminate against you for lawfully exercising your legal rights.
Our team at Ratto Law Firm, P.C. provides you with the advice and representation you need. Contact us today for a consultation.