Filing for workers’ compensation is a right for employees injured on the job, but unfortunately, some workers face discrimination or retaliation after doing so. California law protects employees from being mistreated because of their workers’ compensation claims.
If you’ve experienced discrimination after filing for workers’ compensation, understanding your legal remedies is essential.
What Is Workers’ Compensation Discrimination?
Workers’ compensation discrimination occurs when an employer takes adverse actions against an employee who has filed a workers’ compensation claim. These actions can include:
- Termination or demotion
- Reduction in pay or hours
- Negative performance reviews that are unwarranted
- Denial of promotions or career advancement opportunities
- Harassment or creating a hostile work environment
Discrimination in this context is prohibited by law, and employees who face such actions may have the right to file a legal claim against their employer.
Recognizing Workers’ Compensation Discrimination
It’s not always easy to recognize when discrimination is occurring, as employers may disguise their actions as unrelated to your workers’ compensation claim. Signs that you may be facing discrimination include sudden changes in your work environment or treatment, particularly if those changes occurred after you filed for benefits.
California Labor Code Section 132a: Protections for Employees
California Labor Code Section 132a specifically prohibits employers from discriminating against employees who file workers’ compensation claims. This law recognizes that workers have the right to receive benefits without fear of retaliation or mistreatment.
Penalties for Employers Who Violate Section 132a
Employers who violate Section 132a may face serious penalties, including:
- Fines of up to $10,000
- Reinstatement of the employee to their previous position
- Payment of back wages to compensate for lost income
- Increased workers’ compensation benefits for the employee
These penalties are designed to protect workers and ensure that they can seek compensation without fear of losing their job or suffering other adverse consequences.
Filing a Discrimination Claim Under Section 132a
If you believe you’ve been discriminated against after filing a workers’ compensation claim, you can file a claim under Labor Code Section 132a. Here are the steps to take:
1. Document the Discrimination
The first step in any legal action is to gather evidence of the discrimination. Keep detailed records of:
- Communications with your employer (emails, text messages, or written warnings)
- Changes in your job duties, pay, or hours
- Performance evaluations, particularly if they differ from previous evaluations
- Witness statements from coworkers who may have observed the discrimination
2. File a Workers’ Compensation Appeal
To pursue a claim under Section 132a, you must file a petition with the Workers’ Compensation Appeals Board (WCAB). This process is separate from your original workers’ compensation claim and is specifically focused on addressing the discriminatory actions taken by your employer.
3. Seek Legal Assistance
Filing a 132a claim can be complex, and working with an experienced workers’ compensation attorney can improve your chances of success. A lawyer can:
- Help you file the claim and meet deadlines
- Gather evidence to support your case
- Represent you in hearings before the WCAB
Having legal representation ensures that your rights are protected and that your employer is held accountable for any illegal actions.
Additional Legal Remedies for Workers’ Compensation Discrimination
In addition to filing a 132a claim, you may have other legal options available to you, depending on the specifics of your case.
Retaliation Claims
In some cases, discrimination may also qualify as retaliation under California’s Fair Employment and Housing Act (FEHA). If you believe your employer’s actions were retaliatory, you may be able to file a separate retaliation claim in addition to your workers’ compensation case.
Wrongful Termination Claims
If you were fired as a direct result of filing for workers’ compensation, you might be able to pursue a wrongful termination lawsuit. California law prohibits employers from firing workers simply because they exercised their right to workers’ compensation benefits.
How a Lawyer Can Help You with Discrimination Claims
Navigating the legal system while recovering from a workplace injury can be overwhelming. An experienced workers’ compensation attorney can guide you through the process and help you explore all available legal remedies. A lawyer can:
- Determine whether you have a valid claim under Section 132a
- Advise you on additional claims such as retaliation or wrongful termination
- Advocate for your rights during negotiations or hearings
- Maximize the compensation and remedies you are entitled to under the law
Contact PLBH for Assistance with Workers’ Compensation Discrimination
If you have experienced discrimination after filing for workers’ compensation, the attorneys at PLBH can help you fight for your rights. We understand the stress and hardship that comes with workplace injuries, and we are committed to helping employees seek justice for unlawful discrimination.
Call (800) 435-7542 today to schedule a consultation and discuss your legal options for addressing workers’ compensation discrimination. Let us help you take the next steps in holding your employer accountable and protecting your rights.