California is an at-will employment state, which means employers can terminate employees for any legal reason—or no reason at all. However, being fired during workers’ comp raises legal concerns that employers must carefully navigate. It is illegal to terminate an employee because they filed a workers’ compensation claim or are receiving benefits.
If the dismissal is linked to your injury, your employer may be in violation of California Labor Code §132a, which protects injured workers from retaliation. In such cases, you may be entitled to job reinstatement, lost wages, or additional compensation.
To enforce your rights, consult with a workers’ comp attorney or a compensation attorney who understands the legal limits of employer conduct and how to hold them accountable.
How Termination Affects Your Benefits
Being terminated does not automatically end your workers’ compensation benefits. If you have an approved claim, your right to medical treatment and wage replacement benefits generally continues—even if your job doesn’t.
If your worker’s compensation claim is active, you may still be eligible for temporary disability payments, permanent disability benefits, and medical care. However, employers or insurance carriers may attempt to reduce or challenge these benefits after a termination.
Working with a workers’ compensation lawyer can help ensure your benefits remain intact and that you are not wrongfully penalized.
Proving Retaliation or Wrongful Termination
Not all firings during a workers’ compensation case are illegal, but the timing and justification often raise questions. If you believe you were fired during workers’ comp as a form of retaliation, it’s important to gather documentation:
- Medical records confirming your injury
- A timeline of your claim and treatment
- Termination letters or employer correspondence
- Witness accounts or coworkers’ statements
An experienced workers’ compensation lawyer can use this information to build a case for retaliation or wrongful termination. If successful, you may be entitled to reinstatement or monetary compensation.
Can You Still Pursue Your Workers’ Comp Claim?
Absolutely. Termination does not eliminate your right to pursue a claim or to file for additional benefits if your injury worsens. Even if you were fired before your claim was approved, your legal rights remain protected under state law.
A workers’ compensation law firm can help you proceed with your case even after you’ve been let go. Whether you’re facing resistance from the employer or challenges from the insurer, legal support ensures your case stays on track.
Additional Legal Claims You May Be Entitled To
If you’ve been wrongfully terminated while on workers’ comp, you may have multiple legal avenues to pursue:
- Labor Code §132a Claim:For discrimination or retaliation related to a workers’ comp filing
- Wrongful Termination Claim:If you were fired without a lawful reason tied to job performance
- Disability Discrimination Claim:If you were let go due to temporary or permanent work restrictions
A trusted compensation attorney can evaluate your situation and determine which legal strategies apply. These claims often go beyond standard workers’ comp and may result in greater compensation.
What Employers Can and Can’t Do
Employers can make personnel changes, but they cannot fire an employee because they filed a claim or sustained a workplace injury. They also cannot:
- Refuse to report the injury
- Pressure the employee to drop the claim
- Threaten termination for seeking benefits
- Assign duties that violate medical restrictions
If any of these situations apply, seek immediate help from a work injury law firm. Legal intervention can prevent further abuse and secure your rights.
Tips for Protecting Yourself If You’re Terminated
If you believe you’re at risk of being fired—or if you already have been—take these steps:
- Document everything from your injury report to termination
- Continue medical treatment and follow the doctor’s orders
- Do not sign any release or agreement without legal review
- Contact a workers’ comp attorneyto assess your case
Your legal protection doesn’t end with your employment. A strong case can lead to continued benefits and, in some cases, financial penalties against the employer.
Protecting Your Rights With the Law Offices of Harley Merritt Today
At the Law Offices of Harley Merritt, we fight for workers who have been wrongfully terminated or unfairly treated while on workers’ compensation. Whether you need help continuing your claim, proving retaliation, or seeking reinstatement, our team is here for you.
With experience in handling complex cases involving terminations, denials, and ongoing treatment, our legal professionals—including the best workers comp lawyer in Yuba City, CA—offer the support and knowledge you need.
If you’ve been fired during workers’ comp, don’t wait to act. Contact the Law Offices of Harley Merritt today for a free consultation and let us protect your rights through every stage of your case.
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