Under Section 132a of the California Labor Code, it is against the law for an employer to fire, threaten to fire, or otherwise discriminate or retaliate against an injured worker for asserting their workers’ compensation rights. When you believe your injury was caused by your job, asserting your rights includes filing a workers’ compensation claim or making your intention known to file such a claim. In addition, the statute also extends protection to co-workers who testify or make known their intention to testify on your behalf.
Further, if an employer reassigns work to an employee that is contrary to a doctor’s restrictions and then threatens to fire or otherwise punish the employee if they don’t accept this new work, the employer’s actions can be a violation of Section 132a.
Successfully Proving a Discrimination Claim Under Section 132a
Proving a violation under Section 132a can be very complex and challenging, making the assistance of a knowledgeable attorney a necessity. In 132a cases, the employee has the burden of proving the following:
- The employee filed or made their intention known to file a workers’ compensation claim
- The employer discriminated or retaliated against the employee; and
- The action taken by the employer was the result of an industrial injury or claim, and such action was detrimental to the employee
In defending these claims, an employer must be able to answer the basic question of whether or not they would have taken the same action had the employee’s injury never occurred.
Employees who are successful in proving a 132a violation are entitled to reinstatement and reimbursement of lost wages and work benefits.
Gilroy Workers Comp Lawyers Secure Relief for Section 132a Violations in Hollister, San Martin, and Morgan Hill
If you feel that your employment is in jeopardy or you are experiencing retaliation or intimidation from your employer related to a workplace injury, please contact one of our experienced workers’ comp lawyers serving Morgan Hill and neighboring areas for a free initial consultation. Taking appropriate and timely action is critical in these situations.
Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers compensation benefits or payments is guilty of a felony.