California has put a comprehensive workers’ compensation system in place with the primary goal of supporting employees who suffer injuries or illnesses while on the job. This impartial insurance system provides a suite of benefits, encompassing medical care, disability allowances, and job displacement assistance. But, a looming question remains – what if an employer retaliates against an employee who lodges a workers’ compensation claim?
It’s essential to understand that California law stands firmly against any such retaliatory actions. Every employee in California possesses the fundamental right to register a claim in case of work-related injuries or diseases. If employers, in their capacity, choose to counter this right, be it through terminations or demotions, they are stepping onto illegal grounds.
Deciphering Section 132a of the California Labor Code
Section 132a of the California Labor Code is pivotal. It criminalizes any employer’s intent or action to intimidate, terminate, or discriminate against an employee primarily due to their choice to file or hint at filing a workers’ compensation claim. Such transgressions on the part of the employer can be classified as misdemeanor offenses.
When employees resort to invoking Section 132a, they pave the way to possibly secure up to $10,000 in compensation, recoupment of lost wages and benefits, reimbursement capped at $250 for costs and expenses, and potential reemployment.
In this context, “compensation” translates to a permanent disability award. In situations where an injured employee secures a permanent disability award and simultaneously faces retaliation for initiating a workers’ comp claim, they could receive up to 50% of the award’s total value, capped at $10,000.
Distinguishing Genuine Business Decisions from Retaliation
It’s crucial to differentiate between genuine business choices and retaliatory decisions. Say, for instance, an employer decides to reduce their staff due to the aftermath of an event like the COVID-19 pandemic. If an employee, who had previously filed a claim, is part of this general layoff, it might not be viewed as retaliation. But if an employer singularly targets the employee who lodged the claim, then it’s a blatant breach of the law.
For those considering taking the 132a route, they must initiate by petitioning to the Workers’ Compensation Appeals Board. Timelines are strict, with only a year post the alleged retaliatory act to file. Additionally, it’s mandatory that the employee has already lodged a claim for workers’ compensation benefits.
Protecting Workers Beyond Section 132a
There’s an additional recourse available to employees beyond 132a claims. If an employee faces termination solely for initiating a workers’ comp claim, they are entitled to lodge a wrongful termination complaint. Since termination in such cases breaches public policy and infringes on constitutional rights, this option exists distinctly from the 132a petition.
If you feel you’re cornered by retaliatory actions following a workers’ comp claim, PLBH is here to guide and assist. Our expertise spans both 132a petitions and wrongful termination lawsuits. To ensure your rights are protected and upheld, reach out to us at (800) 435-7542 for a comprehensive consultation.