You should never let your employer dissuade you from filing a worker’s compensation claim. If you have been hurt while performing your regular job duties, it is your right to seek medical attention and compensation for your injury.
Under Labor Code 132(a), it is illegal for your employer to discriminate against you for filing a worker’s compensation claim, for contemplating filing a claim or for receiving a worker’s compensation award for an injury. This means that an employer is not allowed to fire you, threaten to fire you, or engage in any behavior that punishes you or subjects you to differential treatment at the workplace based on the work-related injury.
In addition, an employer cannot discharge or threaten to discharge or discriminate against an individual who wants to testify for an injured worker. Any witnesses to a specific injury at work can testify in front of the worker’s compensation judge without suffering any negative repercussions.
Any discriminatory practice of this sort by your employer is a misdemeanor that constitutes illegal discrimination and enables you to file a 132(a) claim against your employer.
There may also be additional civil remedies available to you outside of the worker’s compensation system as a result of an industrial injury.
If you feel that you have a possible 132(a) claim or you have any questions, please feel free to contact the attorneys at Nordanyan Law.