Los Angeles Workers’ Compensation Retaliation Lawyers
Aggressive representation for injured California employees facing retaliation
Employers in California are required to have workers' compensation insurance even if they have just one employee. Employees who get injured on the job, or who are diagnosed with an occupational disease, can file a workers' compensation claim and recover a partial wage replacement benefit and medical expenses related to the workplace injury.
Like any other type of insurance policy, the more claims you file, the higher costs rise. Consequently, some employers might discourage their employees from filing a claim. Regardless of the employer's feelings about the program, workers have a right to file a workers' compensation claim, and employers do not have the right to retaliate against them.
The experienced Los Angeles workers’ compensation retaliation lawyers at McNicholas & McNicholas, LLP are here to protect injured workers. Whether you work for a private company, are a firefighter, police officer or another public employee, we fight on your behalf against discrimination, harassment and retaliation when you exercise your legal rights at work. Contact us to schedule a free consultation to discuss your case and learn about your legal options.
Examples of unlawful retaliation after a workers' compensation claim
California state law prohibits discriminating against or retaliating against an employee who has filed or is receiving workers' compensation benefits.
Retaliation might look like the following:
- An employer firing, demoting or threatening to fire an employee because he or she filed a workers' compensation claim, or because the worker is receiving workers' compensation benefits or a settlement of a workplace injury claim.
- An employer who has re-assigned an employee to another work site; given the worker a less desirable shift, role or work assignment; or reduced the worker’s benefits because he or she filed for workers' compensation benefits.
Additional reasons an employer might retaliate against a worker who filed an injury claim include:
- A worker testifies on another injured worker’s behalf in a workers' compensation hearing
- Missed work because of a workplace injury
- Makes use of the rehabilitation services available through the workers' compensation program
- Hires a Los Angeles workers' employment dispute lawyer to investigate their case
While any number of these activities might be occurring, you may have a challenging time proving that your employer engaged in any of it in direct retaliation to your having filed a workers’ compensation claim or received benefits.
If you are experiencing employer retaliation after a workplace injury, and you need help proving it and holding your employer accountable, consult with an experienced Los Angeles workers’ compensation retaliation lawyer at our firm today. We will investigate your claim, uncover the evidence required to prove the retaliation and be a fierce advocate to help recover the compensation you deserve.
Can I lose my job while I am collecting workers' compensation?
While workers' compensation benefits cover your medical expenses related to the injury and a partial wage-replacement benefit, there is no guarantee that your job will be waiting for you when you return to work. Your employer is prohibited by law from terminating you, or even threatening to terminate you, because you filed a workers' compensation claim, but the law does not require that your employer hold your job for you while you recuperate.
If your employer retaliates against you for filing a claim, he or she is violating California law which protects workers from retaliation and discrimination. If you can find evidence that proves your employer's conduct is in retaliation for your having filed a claim, you may have grounds for taking legal action. A knowledgeable Los Angeles workers' compensation retaliation lawyer from McNicholas & McNicholas, LLP is ready to represent you and fight for your right to compensation after you have been discriminated against in the workplace.
What penalties do employers face for engaging in unlawful retaliation against injured employees?
According to California Labor Code Section 132a, any employer who discharges, threatens to discharge, in any manner discriminates against any employee because he or she has filed, made known his or her intention to file a workers' compensation claim, received a settlement, rating or award is guilty of a misdemeanor and must increase the employee's compensation by one-half, but not more than $10,000 with costs and expenses not more than $250. The employee is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
Contact an experienced Los Angeles workers’ compensation retaliation attorney today
If you filed for workers’ compensation because of a workplace injury and now your employer is unfairly retaliating against you, it may be time to explore taking legal action. At McNicholas & McNicholas, LLP, our trusted Los Angeles workers’ compensation retaliation lawyers hold employers who illegally retaliate against workers responsible for the distress and anguish they cause. We want to help you resolve your employment dispute quickly and efficiently. Call our office at 310.474.1582 or complete our contact form to learn more about what we can do for you.