You should not have to fear retaliation for reporting a workplace injury or filing a workers’ compensation claim. Unfortunately, some employers respond to injured workers with demotions, reduced hours, harassment, or even termination. California Labor Code 132a protects employees from discrimination and retaliation related to workplace injuries and workers’ compensation claims. At Wiesner English, P.C., we help injured workers protect their rights and pursue the remedies available under California law.
Understanding California Labor Code 132a Retaliation Claims
California Labor Code 132a makes it illegal for employers to discriminate against employees because they suffered a workplace injury or filed a workers’ compensation claim. Retaliation can take many forms, including unfair discipline, job termination, reduced opportunities, or hostile treatment after reporting an injury.
These claims are separate from the underlying workers’ compensation case and may allow injured workers to recover additional compensation and employment-related remedies. Proving retaliation often requires evidence showing a connection between the workers’ compensation claim and the employer’s adverse actions.
Common Examples of Workplace Retaliation
- Termination after reporting a workplace injury
- Demotions or loss of job responsibilities
- Reduced work hours or undesirable schedule changes
- Harassment or hostile treatment from supervisors or management
- Unfair disciplinary actions following a workers’ compensation claim
- Pressure to avoid filing a claim or seeking medical treatment
- Retaliation for reporting unsafe working conditions
- Denial of promotions or advancement opportunities
- Refusal to accommodate valid work restrictions
- Threats related to reporting injuries or pursuing benefits
Employees Commonly Affected by Retaliation
- Construction workers
- Healthcare workers
- Warehouse employees
- Manufacturing employees
- First responders
- Delivery drivers and transportation workers
- Office employees with repetitive stress injuries
- Public employees and municipal workers
Remedies Available Under California Labor Code 132a
Workers who successfully prove retaliation under California Labor Code 132a may be entitled to additional compensation and employment-related remedies beyond standard workers’ compensation benefits.
Potential remedies may include:
- Increased workers’ compensation benefits
- Reinstatement to a previous position
- Recovery of lost wages or benefits
- Reimbursement for certain employment losses
- Protection against further workplace retaliation
- Coverage for medical treatment related to the work injury
What to Do if You Experience Retaliation After a Workplace Injury
- Report the retaliation and keep written records of all incidents
- Save emails, messages, disciplinary notices, and schedule changes
- Document conversations with supervisors or management
- Continue following all medical treatment recommendations
- Avoid resigning without first seeking legal guidance
- Keep records of lost wages or employment changes
- Identify witnesses who observed the retaliation or workplace conduct
- Consult an experienced workers’ compensation attorney promptly
Contact Us for a Free Case Evaluation Today
If you believe your employer retaliated against you for reporting a workplace injury or filing a workers’ compensation claim, you may have important legal protections under California law. At Wiesner English, P.C., we help injured workers pursue retaliation claims while protecting their rights throughout the workers’ compensation process. Based in San Jose and rooted in Santa Clara County, we represent injured workers throughout the Bay Area and handle all court appearances remotely. Contact us for a free case evaluation today.
