Your Rights against Retaliation for a Workers’ Compensation Claim

By Pat Geddie | Leave a Comment

While California law clearly requires employers to provide workers’ compensation coverage in the event an employee suffers injuries or illness on the job, you would be surprised at how difficult employers can be when it comes to workers’ compensation claims. This coverage costs companies money, and the costs the more claims a company makes. In some cases, this can lead a company to take negative action against employees, otherwise known as retaliation, who suffer injuries or who try to receive their rightful workers’ compensation benefits.

Fortunately, the law in our state also prohibits employers from retaliating against injured employees. Employers cannot take adverse action against employees for any of the following reasons:

• Reporting a workplace injury
• Missing work due to a work-related injury
• Asking for a workers’ compensation form
• Submitting a workers’ compensation claim
• Getting a disability rating from a doctor
• Settling a claim for workers’ compensation benefits
• Winning a workers’ compensation award
• Appealing a denial of benefits
• Testifying on behalf of another employee in workers’ compensation proceedings

Employers may not be thrilled that an employee makes a claim for workers’ compensation, however, they still may not take any action that is discriminatory or retaliatory as a result. Retaliation can include any adverse employment action, including:

• Harassment
• Demotion
• Lowered pay
• Reduced hours
• Undesirable change in schedule or job duties
• Termination

If you believe that your employer took negative actions against you due to your workplace injury or workers’ comp claim, you should discuss the situation with an experienced workers’ compensation attorney right away.

Contact a Southern California Workers’ Compensation Lawyer

The law firm of Jackson & Jackson protects the rights of California workers who are injured on the job. Workers’ compensation claims can be more complex than you might think, so please don’t hesitate to call (562) 269-5394 or contact us online to schedule your free consultation.