After sustaining a work-related injury in California, you have a right to compensation from your employer. In addition to medical bills, this compensation can cover retraining for a new position if you are unable to return to your old one, wages lost as you recover from your injury before returning to work as well permanent disability if your injury causes long-term adverse health effects. However, at the law firm of De Ita, Lowe & Wald, we have seen employers retaliate against injured employees, usually by firing them. Employer retaliation against workers’ compensation claimants usually stems from financial concerns, as multiple compensation claims can increase your employer’s insurance premiums.
According to FindLaw, firing is only one form that employer retaliation can take. Employers can also attempt to falsify compensation paperwork, request that employees use personal insurance to cover work-related injuries or try to convince employees to falsify statements as to where the injury occurred, i.e., to say that the injury happened at home rather than at work. The timing of job termination is also significant in legally determining if retaliation has taken place. For example, if your employer fires you shortly after the workers’ compensation carrier denies your claim, the court may rule that this constitutes retaliation.
Retaliation is illegal, and if your employer has attempted to strike back against you for filing a worker’s compensation claim, you have a right to pursue legal recourse. If you sustain a work-related injury, be sure to file your workers’ compensation claim within the deadlines, as failure to do so may hurt your case. More information on workers’ compensation is available on our website.