Sam was very happy at his workplace. He got decent pay, worked decent hours, and was growing his career with the organization he worked for. Things changed for the worse when he got injured at the workplace. When he filed a workers’ compensation claim, his employer fired him. It was the toughest time for him as he had immense expenses and no support.
What if you are in a similar situation? If you are also wondering what happens if I am laid off or fired after a work injury, read on. Here we have mentioned the essentials.
Your Rights
If you are injured on the job in California, you have rights. You will be entitled to workers’ compensation coverage for your medical bills and lost wages due to workplace injury. This way, your employer will provide workers’ compensation insurance coverage for you.
You should know that when you are injured at the workplace, your employer cannot fire you or let you go for exercising your legal right to medical leave, insurance coverage, or disability. If they do, you can take legal action to get the compensation you are owed.
Firing or Laying Off an Employee After a Workplace Injury is Illegal
California law prohibits employers from firing or terminating an employee after a workplace injury. According to California’s Labor Code Section 132(a), if a person tells their employer that they intend to file a workers’ compensation claim, the said employer cannot simply turn around and fire the injured worker. If they do, the employee has the ground to bring a lawsuit for wrongful termination.
Also, California law prohibits discrimination against employees injured at work or workplace. In addition to the injured employee’s civil claims, the employer can face other claims. One must know that retaliating against an employee for filing or intending to file a workers’ compensation claim is a misdemeanor. In addition, insurance providers who tell employers to fire an injured worker in response to a workers’ compensation claim could also be guilty of a misdemeanor.
What Can You Be Entitled To?
You can be entitled to lost wages, missed benefits, and job reinstatement if you have suffered through wrongful termination. You can also get a potential salary increase of up to $10,000 for your trouble. Also, if the insurance company was complicit in the wrongful termination, they might be liable for the workers’ costs and increased compensation.
You Can Take Protected Medical Leave
As an injured employee, you can also request necessary medical leave if you are a California worker injured at the job. According to the California Family Rights Act, if your employer terminates you or threatens termination after you seek medical leave for recovery, you might have a wrongful termination claim.
Talk to an Expert
If you have more questions regarding What Happens If I Am Laid Off or Fired After a Work Injury, feel free to connect with the team of Laura M. Wilson. In addition to helping you get legal advice, we can help you return to work more confidently and only after recovering from an accident, trauma, crisis, or injury.
We provide a broad array of services such as SJDB Service, RTWSP Service, Expert Witness, Vocational Evaluation, Vocational Rehabilitation Counseling Services, and Transferable Skills Analysis.
Our vocational rehabilitation counselors will decide which services are right for you and offer a solution that helps you return to work and retain your job if you want to. To book a one-on-one session with one of our experts, book an appointment here or call us toll-free at (800) 531-5608. Our team of experts will devote time to listening to your case and provide you with a customized solution. Get in touch today!
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