Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
In California, workers’ compensation laws protect ill and injured workers who became sick or injured while on the job. Workers’ compensation ensures they receive medical treatment and wage replacement benefits. However, workers who file for workers’ compensation benefits sometimes fear retaliation from their employers. Retaliation in this context refers to adverse actions taken against an employee, such as demotion, firing, or unfavorable treatment, in response to their filing a workers’ compensation claim. California laws strongly prohibit retaliation and offer legal remedies to protect the rights of an injured worker.
Legal Protections Against Retaliation
In California, workers are safeguarded against a retaliation claim under Labor Code Section 132a. This law explicitly prohibits employers from discriminating against workers who file for or intend to file a workers’ compensation claim. This includes any act that could be considered worker’s compensation retaliation, such as reducing pay, withholding benefits, changing job duties, or terminating employment based on the workers’ compensation claim. The intention of this law is to ensure employees feel safe in seeking compensation for a workplace injury without fearing retaliation.
The law doesn’t just cover employees who filed a workers’ compensation claim; it also extends protections to employees who may have been perceived as planning on filing a workers’ compensation claim. Even if an employer merely suspects that an employee will file a claim for workers’ compensation, retaliating in response to that belief is illegal under California law.
Examples of Workers’ Comp Retaliation
Retaliation can take on many forms and may include:
- Termination or Demotion: Directly firing or demoting an employee because they filed a workers’ comp claim is one of the most obvious forms of retaliation.
- Reduction in Hours or Pay: Some employers might attempt to cut the hours or wages of employees who’ve filed for benefits or exercised their right under workers’ compensation law.
- Unfavorable Work Assignments: Retaliation can include assigning an employee to less desirable shifts or tasks.
- Hostile Work Environment: Creating a work environment that is unpleasant or uncomfortable, like harassment, may also constitute retaliation.
Proving Workers’ Comp Retaliation
To pursue a successful workers’ compensation retaliation claim, an employee must prove:
- Engagement in a Protected Activity: This means filing or intending to file a workers’ compensation claim or even discussing it.
- Employer’s Knowledge: The employer must have known about the workers’ compensation claim or the employee’s intent to file it.
- Adverse Action: An action taken against the employee, such as firing or demotion, which would discourage a reasonable employee from seeking workers’ comp benefits.
- Causal Connection: A link must be established between the adverse action and the workers’ comp claim. This could be shown through direct evidence, such as emails or statements from the employer, or through timing, like a demotion immediately following the claim filing.
Remedies for Workers’ Compensation Retaliation Claims
Employees who believe they’ve experienced retaliatory action can seek justice through California’s legal system. A good idea is to first seek legal counsel to fight against an adverse employment action by a boss. Lawyers for Justice, PC (LFJ) has been helping California workers recover compensation for over 15 years.
- Reinstatement: Courts may order the employer to reinstate the employee to their former position.
- Back Pay Benefits and Monetary Damages: If an employee lost wages or benefits due to retaliation, they may recover compensation.
- Penalties and Fines: Employers found guilty of their retaliatory intent can face financial penalties, which can stop them from retaliating again.
Steps to Take if You Suspect Retaliation
- Document Everything: Keep records of all communications with an employer regarding a workers’ compensation claim, including emails, memos, or written statements from coworkers who may have witnessed retaliatory actions.
- File a Complaint: File a complaint with the California Division of Workers’ Compensation or the Labor Commissioner’s Office.
- Consult an Employment Attorney: Consulting with Lawyers for Justice, PC can help clarify your rights and determine if you have a case for retaliation. LFJ offers free consultations and works on a contingency basis, which means the firm only gets paid if the client wins the case.
Workers Compensation California Laws
Beyond reinstatement and back pay compensation (outlined above), an employee could also seek damages for emotional distress caused by retaliatory actions. Retaliation can create significant emotional hardship for employees, leading to stress, anxiety, and other mental health challenges.
Navigating the legal process can be complex, and having a powerful attorney to vouch for the claimant can yield better results than them trying to fight the case on their own.
Additional Remedies and Future Protections
The legal protections and remedies for workers’ compensation retaliation don’t end with monetary compensation or job reinstatement, either. Successful claims can also establish stronger future protections for the employee in the workplace, discouraging employers from attempting further discriminatory actions. In some cases, if the retaliation was extreme or involved harassment, the court may order additional training or policy changes within the organization to improve workplace culture and prevent future retaliation.
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 410 Arden Avenue, Glendale, CA 91203
