Filing a workers’ compensation claim in California is your legal right — and your employer cannot punish you for exercising it.
Unfortunately, retaliation is all too common. Workers are demoted, disciplined, harassed, or even fired after reporting an injury or requesting accommodations.
That’s why California Labor Code §132a exists: to protect injured employees from being treated unfairly for asserting their workers’ comp rights.
At Employees First Labor Law, we fight aggressively for injured workers who have been retaliated against — and we have the results to prove it.
🔹 What Is Labor Code §132a?
Labor Code §132a makes it illegal for an employer to:
- Discharge (fire) you
- Threaten, discriminate, or retaliate against you
- Reduce your pay, hours, or job status
because you’ve filed a workers’ compensation claim or suffered a work-related injury.
📌 Key Point: Even if you didn’t file a formal claim yet, you’re still protected as long as the employer knew about your injury or your intention to file.
🔹 What Does Retaliation Look Like?
Workers’ comp retaliation isn’t always obvious. Some examples include:
- Being fired shortly after reporting an injury
- Denial of promotion or raise
- Reduction in hours or job duties
- Sudden negative performance reviews
- Pressure to return to work before medically cleared
- Hostile work environment after filing a claim
- Employer “investigations” meant to discredit your claim
You don’t have to accept this. California law is on your side.
🔹 What Compensation Can You Recover Under LC §132a?
If you prove a §132a violation, you may be entitled to:
- Up to $10,000 in increased compensation
- Reinstatement to your previous job (if you were fired)
- Back pay for lost wages and benefits
- Costs and attorney’s fees
Many §132a claims are resolved alongside your main workers’ comp case — but they can also be pursued as separate claims through the Workers’ Compensation Appeals Board (WCAB).
🔹 What’s the Deadline to File?
You must file a §132a claim within one year of the retaliation or termination. That’s why it’s critical to speak with a qualified attorney as soon as possible.
🔹 Can I Sue for Retaliation Outside of Workers’ Comp?
Yes. If the retaliation also violates other laws — such as the Fair Employment and Housing Act (FEHA) or California’s whistleblower protections — you may also be entitled to:
- General damages for emotional distress
- Punitive damages
- Civil penalties
At EFLL, we assess your full legal options and often file both workers’ comp and civil employment claims to maximize your compensation.
🔹 Why Choose Employees First Labor Law?
We specialize in both workers’ compensation and employment law, giving our clients the most comprehensive protection possible. Our team has successfully handled retaliation claims for:
- Nurses, construction workers, warehouse staff, educators, and more
- Workers fired while recovering from injury
- Employees forced out after asking for accommodations
- Individuals targeted for filing claims or reporting unsafe conditions
We’ll gather the documentation, witnesses, and evidence needed to prove your employer broke the law — and hold them accountable.
Your injury should never be used against you. We make sure your voice is heard, your job is protected, and your employer pays for what they’ve done.
✅ Get a Free Retaliation Case Review
If you believe you’ve been retaliated against for filing a workers’ comp claim, contact Employees First Labor Law today. We’ll evaluate your case for free and take action immediately — at no cost unless we win.
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📩 Submit Your Case Here
