Discriminated Against After a Work Injury?
California Workers’ Compensation Discrimination Lawyers Can Help
When you are hurt on the job, then you have plenty of things to worry about. However, you would probably not expect your employer to harass you or discriminate against you because you were hurt on the job. However, for many California workers, such discrimination is a horrifying reality. Your employer may try to fire you or retaliate against you in other ways. This is against the California law, which protects your right to file for workers’ compensation. If you are facing discrimination in the workers’ comp process or after filing a claim, then contact an attorney as soon as possible.
At Cramer & Martinez, LLP, our California workers’ compensation discrimination lawyers are available to help you protect yourself in this complicated legal process. In a free initial consultation, we can help determine if you have been discriminated against by an employer or in the workers’ compensation process.
How Does California Law Protect Me After a Workplace Injury?
Under Section 132a of the California Labor Code, it is against the law for an employer to fire, threaten to fire, or otherwise discriminate or retaliate against an injured worker for asserting his or her workers’ compensation rights. When you believe your job caused your injury, you have the right to file a workers’ compensation claim or make your intention known to file such a claim. In addition, the statute also extends protection to co-workers who testify or make known their intention to testify on your behalf.
This is not the only workplace discrimination situation you may face when seeking compensation after a work injury. If an employer reassigns work to an employee that is contrary to a doctor’s restrictions and then threatens to fire or otherwise punish the employee if they do not accept this new work, then the employer’s actions can be a violation of Section 132a. With these kinds of violations, it is important to have legal representation to ensure that you are protected against unfair practices.
How Can I Successfully Prove a Discrimination Claim Under Section 132a?
Proving a violation under Section 132a can be complex and challenging, making the assistance of a knowledgeable attorney a necessity. In 132a cases, the employee has the burden of proving the following:
- The employee filed or made their intention known to file a workers’ compensation claim.
- The employer discriminated or retaliated against the employee.
- Finally, the action taken by the employer was the result of an on-the-job injury or claim, and such action was detrimental to the employee.
In defending these claims, an employer must be able to answer one basic question: would they have taken the same action had the employee’s injury never occurred? Employees who are successful in proving a 132a violation are entitled to reinstatement plus reimbursement of lost wages and work benefits.
Need Help? Call Our California Workers’ Compensation Discrimination Lawyers
If you feel that your employment is in jeopardy or you are experiencing retaliation or intimidation from your employer due to a workplace injury, then contact one of our experienced workers’ comp lawyers serving Morgan Hill and neighboring areas for a free initial consultation. Call (408) 763-8336 today for a free consultation and to discuss your options with our legal team. Taking appropriate and timely action is critical in these situations. Our Gilroy workers’ comp lawyers secure relief for section 132a violations in Hollister, San Martin and Morgan Hill
Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony.