One concern many workers have after getting hurt at work and pursuing a claim for workers’ compensation benefits is whether or not their employer can retaliate against them for doing so. Many injured workers who end up placed on light duty work restrictions then wonder, “Can I be fired for work restrictions?”
Fortunately, there are legal protections in place that prohibit employers from retaliating against injured workers with wrongful termination due to work injury. Staying informed about your legal rights when it comes to workplace injuries can help you ensure that you are treated fairly, and help you recognize any issues right away so that you can retain legal counsel as needed.
At the Law Firm of Kneisler & Schondel, our legal team recognizes the importance of California employees understanding their legal rights in the workplace. A common question injured workers tend to ask when learning about the process of filing a claim for benefits is, “Can I get fired for getting hurt at work?”
It is illegal for employers to fire employees for filing a legitimate claim for workers’ compensation benefits. However, it can still happen. If you have been injured in the workplace and you are worried about your employer retaliating against you, the Law Firm of Kneisler & Schondel is here to help. Attorney Matthew. A. Schondel has decades of experience helping injured workers in the state of California fight for the workers’ compensation benefits that they deserve. Call our office today at 707-542-5132 to schedule a consultation to learn more about how we can help you pursue workers’ compensation benefits for your work injury, or help you take legal action against your employer for illegal termination.
Understanding Your Rights After Being Fired Due to a Workplace Injury
Overview of Legal Protections for Workers
Workers in California have certain legal protections in place that their employers must honor. Some of these legal protections are in place due to federal laws and regulations. Other legal protections designed to help workers in California are in effect based on state laws and regulations. In California, both federal and state laws protect workers in many different ways, including the following:
- The Occupational Safety and Health Act (OSHA) – OSHA is a federal law that requires workplaces to provide safe working conditions for their employees.
- Cal/OSHA – Cal/OSHA is a California state law extension of federal OSHA law. Cal/OSHA implements stricter standards than those set by OSHA. Some of the major differences between OSHA and Cal/OSHA include:
- Cal/OSHA has stricter reporting requirements;
- Cal/OSHA requires employers to have a written Injury and Illness Prevention Program (IIPP) to identify and address any hazards in the workplace;
- Extent of Coverage: Cal/OSHA applies to more industries than OSHA does, such as healthcare, agriculture, and hospitality.
- Cal/OSHA – Cal/OSHA is a California state law extension of federal OSHA law. Cal/OSHA implements stricter standards than those set by OSHA. Some of the major differences between OSHA and Cal/OSHA include:
- Fair Labor Standards Act (FLSA) – Under the Fair Labor Standards Act, it is a violation of federal law to pay an employee less than the federal minimum wage. The FLSA also establishes federal record keeping, overtime, and child labor standards throughout the country.
- California: The state of California sets its own minimum wage, $16/hour as of January 1, 2024. There are also differences in how overtime is calculated and who is eligible, along with other labor law matters.
- California Labor Code 132(a) –California Labor Code 132(a) gives California workers protection against wrongful termination and retaliation for filing a workers’ compensation claim. Under California Labor Code 132(a), an employer who discharges, threatens to discharge, or in any manner discriminates against any employee for filing or making it known that they intend to file a claim for workers’ compensation benefits may be found guilty of a misdemeanor. The employer could also be required to pay that employee a substantial sum of money in increased compensation, reimbursement of lost wages and benefits, and reinstate the employee at their former position.
Differences Between Wrongful Termination and Lawful Dismissal
However, just because an employee was fired at some point in time following a work injury, this does not mean that they were necessarily wrongfully terminated. California is an at-will employment state, which means that generally, an employer can terminate an employee for any legal reason at any time. The reason for the termination does have to be legal – in other words, you cannot be fired for any of the following discriminatory or illegal reasons:
- Discrimination based on disability;
- Discrimination based on sex or sexual orientation;
- Discrimination based on race or religion;
- Retaliation for exercising employee rights or claiming benefits;
- Punishment for reporting unsafe work conditions or practices;
- Punishment for refusing to participate in illegal acts;
- Punishment for attending certain court obligations.
Can You Get Fired for Getting Hurt at Work?
An employer can legally terminate an employee for many reasons, even after they are injured on the job – but it is illegal to fire someone only as retaliation for filing a claim for workers’ compensation benefits after getting hurt at work. If you were fired after injury at work and you are unsure if you were wrongfully terminated, it is always a good idea to speak with a knowledgeable attorney who can review the facts of your case in detail and guide you in the right direction.
Navigating Workers’ Compensation and Unemployment Benefits
Filing for Workers’ Compensation after Termination
“I got hurt at work and they fired me!”
Unfortunately, while you cannot legally be fired just because you filed a claim for workers’ compensation benefits, there are still some legal reasons for which your employer may terminate your employment following your work injury. However, if you find yourself in this unfortunate situation, it is important to note that getting fired after your work injury does not prohibit you from moving forward with filing your claim for benefits. You can still file your workers’ compensation case and pursue benefits, whether or not you remain employed at the company where your injury occurred.
Eligibility for Unemployment Benefits Post-Injury Termination
Generally, injured workers are not eligible for unemployment benefits while they aren’t working. The main reason for their ineligibility for unemployment benefits is that to collect these benefits, you must state that you are willing and able to work at the time you apply. Most of the time, injured workers are off work because they are physically unable to work due to their work injury, so they cannot also be “willing and able” to work.
However, there are some exceptions, and whether or not someone is eligible for unemployment benefits after being fired following a work injury depends on a few different factors, such as the reason given for the firing, the extent of the current disability and whether or not the worker is able to work if given reasonable accommodations, and some other factors. If you are wondering about your eligibility for these benefits, it is a good idea to speak with an attorney about your own unique circumstances.
Legal Avenues and Seeking Representation
The Importance of Consulting with a Workers’ Compensation Attorney
Proving that you were wrongfully terminated from your job for filing a workers’ compensation case is often an uphill battle. To give yourself the best chance at success, it is crucial to have a consultation with a workers’ compensation attorney before moving forward. A workers’ compensation attorney with experience successfully handling wrongful termination cases will know the steps to take to file your wrongful termination case, and to help you navigate the complex legal issues as they arise.
How to Prove Retaliation or Wrongful Termination
Wrongful termination or retaliation cases can be complex and difficult to prove. You will need to establish that you were treated differently than other employees without work injuries. A wrongful termination workers’ compensation attorney can help you keep your case on the right track.
What to Expect When Filing a Lawsuit Against Your Employer
In California, in order to file a lawsuit against your employer for wrongful termination or discrimination because you filed a claim for workers’ compensation benefits, you must file a Petition for Discrimination – Labor Code 132a Petition. Like many other lawsuits, there is a strict requirement regarding when the suit must be filed. For a Labor Code 132a Petition, you must file the Petition within one year of the date you were fired (or the date of the discriminatory act).
Another crucial aspect of filing a Labor Code 132a claim is that you must also currently have a pending workers’ compensation case that you have already filed. These cases can be difficult to prove, and in most cases, you can expect your employer to vigorously defend themselves against your claim of wrongful termination. For this reason, it is essential to have an experienced attorney on your side.
Protecting Yourself and Preventing Future Incidences
Steps to Take Immediately After Being Injured at Work:
- Seek medical attention right away, even if your first instinct is to try to tough it out. It is always better to get checked out by a doctor as soon as possible, rather than wait and allow an injury to get worse;
- Document your injury by taking photographs;
- Gather contact information of any witnesses to the work injury incident;
- Document all interactions with your employer. Be sure to save these documents and records to your personal computer or email address, so there is no danger of losing access to them;
- Contact a workers’ compensation attorney.
Understanding Company Policies on Workplace Injuries
California employers are required by state law to give a pamphlet to each newly hired employee which explains the employee’s rights and responsibilities. Additionally, employers must post the Workers’ Compensation Poster in a visible location where all employees can see it. This poster advises employees of their workers’ compensation rights.
In addition to these requirements, there may be company policies regarding workplace injuries. To ensure that you are well-informed, it is a good idea to review these policies from time to time.
Conclusion
When it comes to work injuries and the risk of potential retaliation and wrongful termination, it is crucial to understand your legal rights so that you can protect yourself if needed. For more information and assistance regarding wrongful termination after a work injury, contact the Law Firm of Kneisler and Schondel today.