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What if I get fired for filing a workers’ compensation claim?

On Behalf of | Sep 26, 2022 | Workers' Compensation |

Not every business in Oakland is supportive and focused on their employee’s best interests after he or she suffers a work-related injury or illness. Some employers, looking to keep costs low, try to “persuade” injured workers to keep quiet about what happened. Too often, executives and managers create an atmosphere of fear and intimidation around workers’ comp by threatening to punish or even fire anyone who reports an injury or makes a claim.

This is called retaliation, and it is against the law in California. You always have the right to seek workers’ comp without punishment from your employer.

Forms of employer retaliation

Retaliation can include more than firing you. Here are a few examples of what illegal retaliation against a workers’ compensation claim can look like.

  • Firing an injured worker on a dubious pretext after they file a claim.
  • Employee reviews suddenly change from positive to negative with no change in the worker’s productivity or quality of work.
  • When the employee recovers and returns to the job, their manager has taken away their seniority or reassigned them to less favorable work.

Any negative action against you that you believe was revenge for seeking workers’ comp could be retaliation. You could have the right to seek several remedies for the damage to your career. You can go to court to force your employer to give you your old job back. If that is not the right solution, you can also sue for compensation for lost wages and benefits. Your employer can also be made to pay you a penalty worth 50 percent of your workers’ comp, up to $10,000.