When a worker suffers an injury on the job, filing a workers’ compensation claim should be a protected and respected right. Unfortunately, some employers react negatively, retaliating against employees for asserting their legal rights. Workers’ comp retaliation in California is illegal, but it still happens. To protect yourself after filing a claim, you need to recognize what retaliation looks like and know the legal protections that support you.
What Is Workers’ Comp Retaliation?
Workers’ comp retaliation in California refers to any adverse action an employer takes against an employee for filing a legitimate workers’ compensation claim. This can include termination, demotion, reduction in hours, cutting pay, threats, or harassment. Employers may also retaliate in subtle ways, like transferring you to an undesirable shift or isolating you from team tasks because of your claim.
These protections are provided under California Labor Code Section 132a, which clearly states that any form of discrimination for pursuing a claim is unlawful.
Recognizing Unlawful Employer Behavior
It can be difficult to know if what you’re experiencing qualifies as retaliation. Some signs may be more obvious, like being fired shortly after submitting a claim. But other situations require careful attention. For instance, if your performance reviews suddenly drop after years of good ratings, or your workload is unfairly increased while you recover, these may be retaliatory actions.
Keep documentation of conversations, changes in duties, or emails that show changes in your workplace treatment. This evidence can strengthen your case should you need legal help.
Legal Protections for Injured Workers
California law provides strong protections for injured workers. If you’re facing workers’ comp retaliation in California, you have the right to file a claim with the state’s Labor Commissioner or take legal action through a workers’ comp attorney or a compensation attorney. If retaliation is proven, you may be entitled to reinstatement, back pay, and compensation for emotional distress.
Consulting with a legal professional early can help preserve your rights and build your case effectively.
What You Can Do if You’re Facing Retaliation
If you suspect retaliation, don’t quit your job right away. Document everything, report the retaliation to HR, and reach out to a qualified legal professional. Taking early action can prevent further harm and increase your chances of a successful outcome.
Seeking help from a workers’ compensation lawyer or a work injury law firm can give you a better understanding of your rights and options.
How to Get Help
Workers should never feel threatened for reporting injuries or asserting their rights. If you’ve been punished after filing a claim, it’s time to get help. Legal support from a workers’ compensation law firm in Butte County, a workers’ compensation claim in Yuba City, or a workers’ comp attorney can help you understand your rights and take action.
Law Office of Harley Merritt is here to help you fight back against retaliation and protect your future. Reach out for guidance and representation that puts your recovery first.
Contact us today.
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