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Can I Get Fired for Filing for Workers’ Comp?

worker fired and packing up desk things
In California you can not get fired for making a workers' compensation claim. California law does prohibit employers from firing or penalizing those who make a workers' comp claim or for having a work related injury.

In California, workers who are injured on the job are entitled to workers’ compensation benefits. Sadly, many injured workers do not file disability claims for fear of being terminated by their employer as a means of retaliation.


However, workers in California should know what protections they have from termination during these times.

Workers’ Comp and Termination Laws

According to California’s Labor Code Section 132(a), it is illegal for employers to discriminate against employees who have been injured at work or performing a work duty. The law also specifies that your employer cannot even “threaten to discharge” you or terminate you based on rating or settlement award amount.


If your employer violates this anti-retaliation provision, you may bring a wrongful termination lawsuit against them. They also can face a misdemeanor charge if it’s proven that they fired or threatened to fire you for filing a workers’ compensation claim or even having the intent to file one.


The law even goes further than this, stating that if you are discriminated against for a work injury, you may also be entitled to:

  • Have your salary increased by one-half, but no more than $10,000

  • Job reinstatement

  • Reimbursement for lost wages and work benefits

Contact a Workers’ Compensation Attorney

If you believe that your employer terminated you because you filed for workers’ compensation benefits, you need seasoned legal representation immediately. Your employer may try to claim that you were terminated for reasons other than your workers’ comp claim. It will be up to your workers’ answer look at the situation from multiple different angles, such as:

  • Did you have any warnings before termination?

  • What reasons did your employer give for your termination?

  • Did your supervisor or employer make any comments about your work performance?

  • Were you ever reprimanded or disciplined at work?

  • What types of feedback have you received about your work performance?


Leave it to our firm to make sure you receive the maximum benefits you are entitled to receive.


Contact the Law Offices of Larry S. Buckley at (530) 413-0245 to get started on your workers’ compensation case.

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