This video will discuss whether workers’ compensation protects your job. My name is Matt Eason, and I’ve been practicing employment and workers’ compensation law here in Sacramento for 25 years. One of the questions that our clients are generally concerned about is whether I will file a workers’ compensation claim. Protect my job
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Workers’ compensation is not a job protection act but a compensation act covering you for your injuries. As such, the fact that you filed a workers’ compensation claim or have not filed a workers’ compensation claim should not technically impact your job. Unfortunately, not all employers do the right thing regarding an injury.
We would like to believe that an employer would be grateful for the employee’s work and understand they were hurt trying to help the employer’s business. Consequently, we would like to believe the employer would support that employee in the claims process. However, many years of stigma and potential insurance rate increases often motivate employers to discriminate, harass, and retaliate against employees for having filed a workers’ compensation claim.
The California Labor Code clearly states that it is illegal to harass, discriminate against, or retaliate against an employee who files a claim. Labor Code section 132A provides a remedy against the employer to seek redress in court for that claim. Employers who violate this law can face serious consequences, including legal action and financial penalties.
While not directly related to the question, there are also potential remedies that might exist under the Americans with Disability Act and California’s equivalent when an employer does not give you the same opportunities as someone who does not have a disability. It’s essential to know all your rights and options when investigating your rights and liabilities regarding discrimination or harassment for having filed a workers’ compensation claim.
Specific to the question, does filing a workers’ compensation claim protect your job? The answer is no. Your job is not protected if there’s a basis to terminate you unrelated to your workers’ compensation injury. However, they cannot use your workers’ compensation claim to terminate you. Likewise, if they terminate you for having an injury, there may also be a claim to the Americans with Disability Act.
Suppose you have questions about your job status after filing a workers’ compensation claim. In that case, your rights are in. We strongly suggest that you consider contacting one of the workers’ compensation attorneys in our Sacramento office. My name again is Matt Eason. I’m with the law firm of Eason & Tambornini. Seeking legal advice is crucial to ensure you are fully informed and protected.
