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California Employment Law Glossary

Retaliation for Workers' Compensation Claims
Retaliation

 

Definition


 

California Labor Code Section 132a prohibits employers from discharging, threatening, or otherwise discriminating against an employee for filing or pursuing a workers' compensation claim, or for testifying in a workers' compensation proceeding. This form of retaliation is an independent legal violation separate from any workers' compensation benefits claim, and may entitle the injured employee to reinstatement, additional compensation, and civil penalties.


Frequently Asked Questions

No. Firing or punishing you for getting injured on the job and filing a workers' compensation claim is a separate, independent legal violation under California law.

Document the retaliatory conduct, keep copies of your workers' comp filing, and speak with an employment attorney, since this claim can be pursued separately from your underlying workers' comp benefits case.

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A workplace injury shouldn't cost you your job. Contact us for a free case review - workers' comp retaliation is a serious and actionable violation.
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This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.