My Employer Has Retaliated for Filing a Workers’ Comp Claim
Workers’ compensation relation is a form of discrimination that is illegal under California law. The experienced Riverside workers’ compensation lawyers at Heiting & Irwin can help you file a lawsuit if your rights have been compromised.
Your employer may not be pleased that you have filed a workers’ compensation claim, but they are prohibited from doing anything to you directly to express their displeasure. If they do, you may be able to file a lawsuit against them for discrimination or other causes of action. Since employers will seldom explicitly admit that they are discriminating against you, it is vital to look for signs that they have ulterior motives and document them.
Call the workers’ compensation law firm of Heiting & Irwin today to discuss your case. We can help determine whether you have been discriminated against and/or have grounds for a lawsuit against your employer.
Your Employer Cannot Retaliate for a Workers’ Compensation Claim
California workers’ compensation law is very clear about the fact that you should not feel threatened in any way when you seek benefits that you lawfully deserve. Your employer may see things differently. Even if it is an insurance company who is paying your benefits, the premiums that your employer pays may rise based on your claim. Your employer often does not want you filing a claim, and they may find ways to make it uncomfortable for you or let their displeasure be known to you.
Workers’ compensation retaliation is covered, in part, by California Labor Code § 132a. The law “there should not be discrimination against workers who are injured in the course and scope of their employment.” An employer may not:
- Discharge you
- Threaten to discharge you
- Discriminate against you in any manner
The prohibition on retaliation begins when you:
- File an application for workers’ compensation benefits
- Make known your intention to file an application
- Receive a disability rating for a workplace injury
- Receive a workers’ compensation settlement
You Can Sue Your Employer for Illegal Retaliation
There are serious penalties when your employer does anything that could be considered retaliation. First, it is a misdemeanor to discriminate under California law. You could also take legal action to receive compensation for discrimination. You can receive up to $10,000 in statutory compensation, along with some costs and, possibly, other forms/amounts of recovery.
In addition, you could file a lawsuit when you have been terminated from your job, or you have been denied a workplace benefit. You could receive lost wages and the reinstatement of the workplace benefits that you lost because of the discrimination, among other things.
How to Spot and Prove Illegal Discrimination
You should be on the lookout for signs that your employer may be retaliating against you. Of course, your employer is never going to tell you the exact reason for what they are doing because they know that it is illegal. However, you may notice things like:
- Your performance evaluation is markedly less favorable than the one that you received during your last rating period
- You have been denied certain workplace benefits that you otherwise would have received
- More of your co-workers are giving you the cold shoulder
- You are being assigned less work than you were before you filed a claim
- A pattern of harassment or intimidation that is directed solely at you
- You haven’t been offered/given accommodations for your new limitations.
Always keep your eyes and ears open for anything that may even seem like retaliation. If you believe that you have been the victim of retaliation, you should do the following:
- Retain any documentation, including all forms of communication, including letters, voice messages, texts, emails and prior performance evaluations, that could show the reason behind any actions against you
- Raise your concerns to your employer if you believe that there has been any discrimination (but talk to your lawyer first)
- Contact an experienced workers’ compensation attorney if you do not already have a lawyer
Remember that you can prove discrimination from circumstantial evidence. You do not need to prove it from direct evidence where the employer actually admits that they discriminated against you. A workers’ compensation or employment law attorney can help you build your case that could prove that your employer broke the law when they retaliated against you.
Call a Riverside Workers’ Compensation Lawyer Today
You can take the first step towards aggressive legal action against your employer by calling the experienced Riverside workers’ compensation attorneys at Heiting & Irwin. We can review the facts of your case and put legal pressure on your employer when they have broken the law. You can schedule a free initial consultation with one of our attorneys by calling us today at 951-682-6400 or by sending us a message through our website. You do not pay anything unless you win your case.
