This is a common problem. There are employers who don’t like workers’ comp claims. And some employers even try to persuade their employees not to file workers’ comp claims. Other employers have been known to withhold benefits or stir up hostility towards the injured employee. Some even terminate their employees in retaliation for bringing a legitimate work comp claim. This can be a horribly frustrating experience—particularly while you are receiving medical treatment and trying to recover from your work injury.
WHAT CAN YOU DO TO FIGHT BACK AGAINST YOUR EMPLOYER’S RETALIATION?
California Labor Code 132a expressly prohibits retaliation against any employee who opens a workers’ compensation claim. Under this rule you as employee may file a penalty petition against the employer with the Workers’ Compensation Appeals Board (WCAB). The employer is then potentially liable for money damages and wage loss under this section. If you have been retaliated against GOFORTH & LUCAS will draft the necessary 132a petition and file it with the WCAB on your behalf.
WHAT OTHER REMEDIES DO YOU HAVE FOR RETALIATION, WRONGFUL TERMINATION OR EMPLOYER DESCRIMINATION?
The right in State Court to sue for disability discrimination, or wrongful termination may also be available to you.
Under California’s Fair Employment and Housing Act, you, as the employee, may be entitled to obtain money damages for wrongful termination or discriminatory conduct by your employer. If this is the case GOFORTH & LUCAS and Associates will file the necessary claim on your behalf with the Department of Fair Employment and Housing, which is the first step to filing a law suit against your employer for wrongful termination.