Fired After Workplace Injury
If you were injured on the job in California, you have rights. You are entitled to workers’ compensation coverage for your medical bills and lost wages resulting from your workplace accident. Qualifying California employers are required to provide workers’ compensation insurance coverage for their employees; this is not something for which you have to pay. Moreover, you have certain rights when it comes to dealing with your workplace injury. Your employer cannot simply terminate you for exercising your legal right to insurance coverage, medical leave, or disability.
If your employer is engaging in illegal behavior and violating your rights as a California employee, a dedicated Orange County workers’ compensation attorney at Invictus Law, P.C., can help. The workers’ compensation legal team at Invictus Law, P.C., has years of experience helping injured workers in Orange, Riverside, and San Bernardino counties recover in a variety of cases ranging from the simple to the complex. We will fight to ensure that you get the medical care you need without worrying that your job will not be waiting for you when you recover. If your employer engages in illegal behavior, we will work on your behalf to get you the just compensation you are owed.
Termination After a Workplace Injury is Illegal
California labor law prohibits employers from terminating employees after a workplace injury. According to California’s Labor Code Section 132(a), if you tell your employer that you intend to file a workers’ compensation claim, your employer cannot simply turn around and fire you. If you are fired after a workplace injury or otherwise in response to your workers’ compensation claims, you may have grounds to bring a lawsuit for wrongful termination.
California law prohibits discrimination against employees who were injured at work. Your employer could face more than just your civil claims: Retaliating against an employee for filing or intending to file a workers’ compensation claim is a misdemeanor. Insurance providers who tell employers to fire a worker in response to a workers’ compensation claim may also be guilty of a misdemeanor.
Workers who suffer wrongful termination are entitled to job reinstatement, lost wages, missed benefits, and even a potential salary increase of up to $10,000 for their trouble. If an insurance company was complicit in the termination, the insurer might also be liable for the workers’ costs and increased compensation. If your employer fired you or threatened to fire you in response to your workers’ compensation claim, reach out to a knowledgeable workplace injury lawyer at Invictus Law, P.C., to discuss your case.
Protected Medical Leave
Under the California Family Rights Act, California workers have the right to request necessary medical leave. If your employer terminates you or threatens termination after you seek medical leave to recover from a workplace injury, you may have a wrongful termination claim.
In order to bring a wrongful termination or other retaliation claim, you will need to demonstrate that you were eligible to take medical leave and that you either took leave or requested leave. You must then show that your employer either terminated you or took other adverse employment action against you, such as reducing your salary, demoting you, or denying a bonus. You and your employee rights attorney will need to establish that your requested leave was a primary motivating factor in the adverse employment action and that you were harmed as a result. Speak with a workplace injury lawyer at Invictus Law, P.C., if you were the victim of wrongful termination or retaliation after being hurt on the job in Southern California.
Speak With An Orange County Workplace Injury Lawyer Today
Invictus Law, P.C., helps injured workers get the workers’ compensation benefits and medical care they need to recover, and keep their jobs or get just compensation after a wrongful termination. From our offices in Orange and Ontario, we serve clients throughout Orange County and the Inland Empire. Call Invictus Law, P.C., today at 949-287-5711, or use our online contact form to tell us about your situation and set up an appointment. We offer flexible hours and are ready to serve you.
