You can fight back after workers’ compensation retaliation

| Oct 4, 2017 | Workers' Compensation |

You know that California workers have the right to certain benefits if they suffer injury in a workplace accident or because of occupational illnesses. However, employers may not always respect these rights, and some injured workers may lose their jobs after filing for workers’ compensation benefits.

It is illegal for an employer to retaliate against a worker because he or she filed a workers’ compensation claim. However, you may be unsure of how or when to fight back after experiencing both a workplace injury and the loss of your income. You do not have to walk through this difficult situation alone, but you may seek help to better understand what you should do to protect your interests.

What should you do after a workplace accident?

There are multiple things that you would be wise to do in the aftermath of your work accident, including the following:

  • Report the accident and injury to your employer
  • Get the medical care you need
  • Learn about how the workers’ compensation claims process works

Your claim to benefits is time sensitive, and it is important not to wait too long to seek benefits. Your employer may have a specific protocol for filing a workers’ compensation claim, and it is beneficial to make sure you know what to do and when to do it.

Punished for your claim?

It is possible that your employer could fire you for filing for workers’ compensation benefits. However, that is not the only type of retaliation that you may experience. Other ways that your employer could push back against you reporting an accident and seeking benefits includes verbal abuse, threats, reassignment and more.

If you believe that you are facing harassment or retaliation for filing a workers’ compensation claim or you lost your job because of it, you do not have to sit quietly. There are ways you can fight back.

How can you protect yourself?

If you did lose your job because you filed a workers’ compensation claim, you may have valid grounds to move forward with a wrongful termination claim. You have the right to a full and fair recovery after a work accident, and you should not face punishment for seeking benefits to which you have a rightful claim.

Whether you are facing issues with your workers’ compensation claim or you believe you may have a civil claim against your employer, you would be wise to take quick action to protect yourself and your financial interests.


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