Can You Be Fired for Filing a Workers’ Compensation Claim in California? 2025

Workers in physically demanding jobs, such as construction, agriculture, retail, and hospitality, often suffer injuries on the job. Many hesitate to report an injury out of fear they might lose their job. They often ask, “Can you be fired for filing a workers’ compensation claim in California?”

California law prohibits employers from retaliating against employees who apply for workers’ compensation benefits. Some employers continue to unlawfully fire or threaten employees who have sustained injuries.

Knowing your rights serves as a fundamental tool to defend both your employment and financial stability. You can explore legal avenues to contest your employer’s actions and claim extra damages if your termination may be related to a workers’ compensation claim.

Workers’ Compensation Retaliation Is Illegal in California

California regulations expressly forbid employers from firing, demoting, or harassing workers who file workers’ compensation claims. California Labor Code §132a protects injured workers from retaliation, making sure they can seek medical treatment and wage benefits without fear of losing their job. Certain employers conceal retaliatory actions by claiming layoffs or performance issues as the reason for termination.

You might receive further compensation for wrongful termination if your employer retaliates against you after you file a claim. Documentation of workplace communications and performance reviews serves as evidence that your job termination was connected to your injury claim.

How Employers Try to Work Around the Law

The direct termination of employees who file workers’ compensation claims is against the law, but certain employers exploit legal gaps to disguise their retaliatory actions. Employers often justify firings based on “company downsizing,” “poor performance,” or “policy violations” that coincidentally only emerged after the injury.

Workers can feel coerced into resigning when their employers assign them fewer work hours or impossible tasks after they sustain an injury. When termination happens shortly after filing a claim, or when workplace treatment changes drastically, it could be retaliation under the guise of typical company actions, which employers frequently deploy to dodge legal repercussions.

Proving Retaliation After a Workers’ Compensation Claim

You must demonstrate that your dismissal was directly linked to your workers’ compensation claim if you suspect retaliation caused your termination. Potential proof of retaliation can include:

• The timing of your dismissal immediately after reporting an injury
• Shifts in your employer’s behavior toward you
• Conflicting explanations for your termination

When there’s been a documented history of similar treatment for other injured employees, it can help you build a stronger case. California law provides terminated employees with the right to submit a complaint to the California Division of Workers’ Compensation. They can also take legal measures to obtain job reinstatement, along with compensation for lost wages and other damages.

What to Do If You Were Fired After Filing a Claim

If you were terminated soon after filing a claim, collect as much proof as possible, like emails, your termination notice, performance evaluations, and statements from coworkers. For wrongful termination cases, consider filing a complaint with the California Labor Commissioner’s Office or seeking legal representation to dispute your termination.

Workers may file claims for back wages, compensation for emotional distress, and punitive damages in certain situations. While California labor laws work to stop employer abuse, it’s essential to take legal action fast to protect your rights and financial security.

FAQs About Workers’ Compensation Retaliation Law in San Francisco,CA

Can My Employer Fire Me for Filing a Workers’ Compensation Claim in California?

No. Employers in California cannot fire, demote, or retaliate against employees who submit workers’ compensation claims, according to state law. In California, terminating an employee because of a workplace injury constitutes an illegal action. You may pursue a retaliation case and seek reinstatement and compensation for lost wages if your employer fires you after you file your workers’ compensation claim.

What Are Signs That My Employer Fired Me in Retaliation?

Although employers seldom acknowledge terminating workers for filing claims, they do show signs when they fire someone shortly after a claim submission. These include abrupt negative performance evaluations, unmanageable job responsibilities, and exclusive layoffs. Suspicious or inconsistent reasons from your employer for your dismissal could also indicate that your termination was a retaliatory action.

What Should I Do If I Was Fired After Filing a Claim?

Compile documents, such as termination notices, emails, and performance reviews, if you think your termination resulted from retaliation. Report your situation to the California Labor Commissioner’s Office or consult a lawyer for legal advice. Proving that your termination was connected to your injury claim could allow you to regain lost wages, seek damages for emotional distress and, potentially, obtain reinstatement.

Can I Still Receive Workers’ Compensation Benefits If I Was Fired?

Yes. Your workers’ compensation claim stays valid, even after being terminated by your employer. Your entitlement to medical treatment, compensation for lost wages, and disability benefits remains, despite your dismissal.

Employers are not allowed to terminate your employment to prevent you from receiving your benefits. Legal intervention might be required to secure your workers’ compensation benefits if your employer tries to terminate them following your dismissal.

How Long Do I Have to File a Retaliation Claim If I Was Fired?

A worker in California has one year from when retaliation occurs to make a legal claim. The deadline for filing your claim can depend on what legal action you decide to take. You need to act promptly to safeguard your rights. To build a strong case against wrongful termination after filing a workers’ compensation claim, you should collect evidence and consult an experienced attorney immediately.

Contact Bridges Law Firm

San Francisco’s physically demanding sectors, like construction and hospitality, see numerous injured workers dismissed after filing workers’ compensation claims, despite the illegality of such actions. You are entitled to pursue legal measures when you may have been subjected to retaliation.

Bridges Law Firm works to safeguard workers’ rights while making sure injured employees gain their rightful compensation. Our team can represent individuals who have been unjustly terminated or fear retaliation from their employer. If you face termination after filing a claim in San Francisco, reach out to Bridges Law Firm today to learn about your legal options.