Filing a workers’ compensation claim can feel risky — especially when you’re worried about losing your job. Many injured workers ask us:
“Can my employer fire me while I’m out on workers’ comp?”
The answer isn’t simple — but here’s what you need to know:
You can’t be fired just for filing a workers’ compensation claim. That’s illegal under California law. But employers may still attempt to mask retaliation as layoffs, performance issues, or business restructuring.
At Employees First Labor Law, we’ve built a unique reputation for protecting workers from both workers’ comp retaliation and wrongful termination — because we handle both types of cases under one roof.
🔹 Is It Legal to Fire Someone on Workers’ Comp?
Technically, yes — but only under specific circumstances.
Your employer can:
- Lay you off as part of a company-wide reduction
- Terminate you for unrelated misconduct (e.g., stealing)
- Let you go if you can’t return to your position after a long, documented leave and no reasonable accommodation is possible
Your employer cannot:
- Fire you because you filed a workers’ comp claim
- Retaliate for requesting medical treatment or modified duty
- Use your injury as an excuse to avoid rehiring you
Doing so violates California Labor Code §132a, and potentially the Fair Employment and Housing Act (FEHA) if your injury qualifies as a disability.
🔹 Signs You Were Illegally Fired or Retaliated Against
If you were terminated shortly after:
- Reporting a workplace injury
- Filing a workers’ comp claim
- Requesting time off for treatment
- Refusing to perform tasks against medical restrictions
You may be a victim of retaliation — even if your employer claims it was “for performance” or “not personal.” At EFLL, we dig into the facts and expose unlawful motives.
🔹 What Makes EFLL Different?
Two powerhouse teams. One mission: Protecting California workers.
Most law firms handle either workers’ comp or employment law — not both. We’re different.
At Employees First Labor Law, we offer integrated legal representation with:
- A dedicated Workers’ Comp Team to secure your medical treatment, disability payments, and future care
- An elite Employment Litigation Team to pursue wrongful termination, retaliation, and discrimination cases in civil court
This unique combination lets us maximize your recovery — financially and legally — in ways single-focus firms can’t.
🔹 What Can You Recover If You Were Illegally Fired?
Depending on your situation, you may be entitled to:
- Back pay and lost benefits
- Reinstatement to your job
- Civil damages for emotional distress
- Punitive damages for egregious conduct
- Attorney’s fees and costs
- Additional workers’ comp penalties under Labor Code §132a
In many cases, we pursue both workers’ comp claims and civil wrongful termination lawsuits — allowing you to recover significantly more than workers’ comp alone.
🔹 What Should You Do If You’re Fired on Workers’ Comp?
- Request a written explanation for your termination
- Document the timeline — injury, claim, and termination
- Save all communication (emails, texts, write-ups)
- Contact EFLL immediately — before speaking to HR or signing anything
✅ Free Case Review: Retaliation & Workers’ Comp Termination
If you believe you were fired while on workers’ comp, or fear retaliation is coming, don’t wait. We’ll evaluate your case for free, and you pay nothing unless we win.
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