Hundreds of thousands of Californians are injured on the job every year. In 2014, more than 460,000 nonfatal workplace injuries were reported in California by employers.
It is illegal for employers to fire workers because they were injured on the job, but this happens all the time. If you have been fired after being injured at work, you may be able to recover damages.
Filing a claim with the California Workers' Compensation Appeals Board (WCAB) can be an important option for employees who suffer workplace injuries or illnesses in California. The California workers' compensation system intends to provide benefits and compensation to all employees who are injured or become ill because of their work-related activities.
Under California law, employers who fire workers because they have been injured on the job are guilty of a misdemeanor. If you are successful in your claim, you may be able to receive an increase in your workers' compensation benefits, reinstatement to your job, and compensation for your lost wages and benefits.
If an employee believes they were terminated from their job in violation of employment laws or employment contracts, such as being fired because of a medical condition or disability resulting from a workplace injury or illness, they may have grounds to file a wrongful termination claim. Wrongful termination claims can be complex, so seeking legal advice and representation is crucial to protecting one's rights and pursuing potential remedies for unjust treatment.
You will also need to show that your employer knew about your medical condition or disability, that you were able to perform your job duties with reasonable accommodation, and that your employer refused to offer you reasonable accommodation. Finally, you may be able to file a wrongful termination claim if you happened to be fired for taking or requesting medical leave to recover from a workplace injury.
Under the California Family Rights Act, you have the right to request or take unpaid leave for certain family or medical reasons. If your employer retaliated against you because you took or requested medical leave, you may be able to file a wrongful termination claim. If you have been fired after being injured at work, it is important to speak with a workers’ compensation attorney right away. They can help you understand your rights and options while also representing you in court if necessary.
Here are some tips for dealing with a wrongful termination claim:
- Document everything. Keep a record of all communication with your employer, including emails, letters, and phone calls.
- Seek medical attention. If you were injured on the job, it is important to seek medical attention as soon as possible. This will help to document your injury and may be helpful in your case
- Get a copy of your employment file. You have the right to request a copy of your employment file from your employer. This file may contain information that is helpful in your case, such as your performance reviews and disciplinary records.
- Consult with a workers’ compensation attorney. If you believe that you have been wrongfully terminated, you should consult with an attorney. They will be able to fully explain your rights in these cases.
In California, all employers are required to carry no-fault workers' compensation insurance. This will mean that if you are injured on the job, your employer's insurance will pay for your medical expenses, lost wages, and other benefits.
You have an absolute right to file for workers' compensation benefits any time you happen to be injured on the job or develop a work-related occupational disease. Your employer cannot stop you from filing a claim. It is illegal for your employer to retaliate against you for filing a workers' compensation claim.
Retaliation may take several forms, such as firing you, demoting you, reducing your hours, giving you a negative performance review, or creating a hostile work environment. If you believe that your employer has retaliated against you for filing a workers' compensation claim, you could be able to file a complaint with the California Workers' Compensation Appeals Board.
You may also be able to file a lawsuit against your employer. If you were retaliated against for filing a workers' compensation claim, you are not alone.
There are many resources available to help you. You can contact the California Workers' Compensation Appeals Board, an attorney, or a workers' compensation advocate.
Employers in California are prohibited from retaliating against their employees who file workers' compensation claims. This means that employers cannot fire, demote, or otherwise punish employees for filing workers' compensation claims.
If an employer does retaliate against an employee, the employee may be entitled to statutory damages, which are damages that are automatically awarded by law. The amount of statutory damages that an employee can be awarded is one-half of the value of their workers' compensation claim, up to a maximum of $10,000. The employee may also be awarded additional damages, such as back wages.
It is important to note that an employer can still terminate an employee for unrelated reasons. For example, an employer could terminate an employee for poor performance or for violating company policy. However, the employer cannot terminate the employee for filing a workers' compensation claim.
If you believe that you were retaliated against for filing a workers' compensation claim, you should contact an attorney. They will be able to thoroughly evaluate your case and better understand all of your legal options.
If you were terminated from a job after filing a work injury claim, it will be important for you to speak to a California employment lawyer as soon as you can. These kinds of cases can be very tricky because determining the exact reason for a termination can often be challenging.
Here are some of the things an attorney can do to help you:
- Investigate the termination. The attorney will conduct a complete investigation into the termination, including reviewing your employment records, performance reviews, and promotion history.
- Determine if you were wrongfully terminated. The attorney will use the information gathered during an investigation to determine if you were terminated for a reason that is illegal, such as retaliation for filing a workers' compensation claim.
- File a wrongful termination lawsuit. If the attorney determines that you were wrongfully terminated, they will file a lawsuit on your behalf. The lawsuit will seek damages for your lost wages, benefits, and emotional distress.
- Negotiate a settlement. In some cases, the attorney may be able to negotiate a settlement with your employer. A settlement is an agreement between you and your employer that resolves the lawsuit. The settlement may include a payment of money, reinstatement to your job, or other benefits.
If you were terminated from your job after filing a work injury claim, it will be important for you to contact an attorney right away. They will be best suited to help you with all of the issues you are now facing.
If you have been terminated from your job after filing a work injury claim, you are not alone. There are many resources available to help you. You can contact the DFEH, an attorney, or a workers' compensation advocate.
Call Us Today to Speak to a California Employment Lawyer
You should not lose your job because you filed a workers’ compensation claim, and you will need legal assistance to get justice if you are facing consequences for exercising your legal rights. Arshakyan Law Firm understands the challenges that can arise for employees during the workers’ comp process and will fight to make sure that you are fully compensated for all of your losses.
Our firm works hard to help people achieve the most favorable resolutions to these types of cases. Call (888) 851-5005 or contact us online today to schedule a free consultation.