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EMPLOYEES FIRST LABOR LAW

Workers’ comp retaliation lawyers, California Hurt on the job.
Pushed out of it. You got hurt doing your job. Filing a claim is your right.

For California workers who were fired, demoted, given fewer hours or pushed to quit after reporting a work injury or filing a workers’ comp claim, or who were told there was no work for them on restrictions.

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Line drawing of an empty locker room. A hard hat, a safety vest and an ID badge hang on a single wall hook beside a locker. A wrist brace rests on the bench below, and light falls from a high window. DWC-1 CLAIM FORM CREW LEAD HELPER SCHEDULE MTWTFSS HRS 40 HRS 12 RE: RETURN TO WORK NO LIGHT DUTY AVAILABLE. Don’t file. Use your own insurance. RESIGNATION X

What happened after you reported the injury?

Choose one. Something in the room changes, and so does what the law can do on each front.Six common answers, and what the law can do on each front: the workers’ comp board and civil court.

What happened after you reported the injury?

The short version

One injury. Two fronts.

At the workers’ comp boardLabor Code § 132a

If your employer fired you, threatened you or treated you worse because you filed a workers’ comp claim or said you would, Labor Code § 132a may apply. It is filed as a petition with the Workers’ Compensation Appeals Board (WCAB), inside your workers’ comp case.

What it can mean

Your compensation increased by one-half (up to $10,000, plus up to $250 in costs), reinstatement, and repayment of lost wages and work benefits.

1 yeargenerally, from the discriminatory act or the date you were let go

In civil courtFEHA · wrongful termination

A work injury can also be a disability under California’s Fair Employment and Housing Act (FEHA). Being fired because of it, refused a reasonable accommodation, or shut out of the interactive process can be a separate case in court.

What it can mean

Depending on the case: lost wages and benefits, future lost earnings, emotional distress damages, punitive damages in cases of malice, oppression or fraud, and attorney’s fees and costs.

3 yearsto file with the Civil Rights Department, then 1 year to sue after a right-to-sue notice

If you were fired

You reported it. Then you were let go.

At the workers’ comp boardLabor Code § 132a

Section 132a makes it illegal to fire you because you filed a workers’ comp claim or said you would. The question is why you were let go: you would need to show you were treated worse because of the work injury or the claim. A firing that follows closely after a claim deserves a careful look.

What it can mean

Your compensation increased by one-half (up to $10,000, plus up to $250 in costs), reinstatement, and repayment of lost wages and work benefits.

1 yeargenerally, from the date you were let go

In civil courtFEHA · wrongful termination

If your injury counts as a disability under FEHA and you were fired because of it, that can be disability discrimination (Gov. Code § 12940(a)). A firing that violates a fundamental public policy, such as the one FEHA expresses, can also be wrongful termination.

What it can mean

Depending on the case: lost wages and benefits, future lost earnings, emotional distress damages, punitive damages in cases of malice, oppression or fraud, and attorney’s fees and costs.

3 yearsto file with the Civil Rights Department; generally 2 years for public-policy wrongful termination

If your hours were cut

Fewer shifts since the claim.

At the workers’ comp boardLabor Code § 132a

Section 132a is not limited to firing. It also covers an employer who discriminates against you in other ways because of a claim. Fewer hours or a worse schedule can count if you were treated worse because of the injury or the claim, not under a rule applied to everyone.

What it can mean

Repayment of the wages and work benefits you lost, and your compensation increased by one-half (up to $10,000, plus up to $250 in costs).

1 yeargenerally, from the discriminatory act

In civil courtFEHA

Cutting your hours because of a disability can be discrimination under FEHA. Punishing you for asking for an accommodation is separately against the law (Gov. Code § 12940(m)(2)).

What it can mean

Depending on the case: the pay and benefits you lost, emotional distress damages, and attorney’s fees and costs.

3 yearsto file with the Civil Rights Department, then 1 year to sue after a right-to-sue notice

If you were demoted

A lesser title, a smaller check.

At the workers’ comp boardLabor Code § 132a

A demotion, a pay cut or a worse assignment because you filed a claim can be discrimination under § 132a, just as a firing can.

What it can mean

Reinstatement, repayment of lost wages and work benefits, and your compensation increased by one-half (up to $10,000, plus up to $250 in costs).

1 yeargenerally, from the discriminatory act

In civil courtFEHA

A demotion because of a disability, or because you asked for an accommodation, can violate FEHA (Gov. Code § 12940(a), (m)(2)).

What it can mean

Depending on the case: the difference in pay and benefits, emotional distress damages, punitive damages in cases of malice, oppression or fraud, and attorney’s fees and costs.

3 yearsto file with the Civil Rights Department, then 1 year to sue after a right-to-sue notice

If you were told there’s no light duty

“Come back when you’re 100%.”

At the workers’ comp boardLabor Code § 132a

Whether this is also a § 132a violation depends on why. If work within your restrictions was kept from you because of the work injury or your claim, it can support a § 132a petition.

What it can mean

Reinstatement, repayment of lost wages and work benefits, and your compensation increased by one-half (up to $10,000, plus up to $250 in costs).

1 yeargenerally, from the discriminatory act

In civil courtFEHA accommodation

This is the core of FEHA’s accommodation rules. An employer must reasonably accommodate a known disability unless it would cause undue hardship, and must engage in a timely, good-faith interactive process with you (Gov. Code § 12940(m), (n)), including after workers’ comp leave runs out and you still need an accommodation.

What it can mean

Depending on the case: lost wages and benefits, emotional distress damages, and attorney’s fees and costs.

3 yearsto file with the Civil Rights Department, then 1 year to sue after a right-to-sue notice

If you were pressured not to file

“Don’t file. Use your own insurance.”

At the workers’ comp boardLabor Code §§ 132a, 5401

Section 132a covers threats too: an employer may not threaten to fire you for filing a claim or saying you will. Once your employer knows about an injury that needs more than first aid or costs you time beyond your shift, it must give or mail you a DWC-1 claim form within one working day.

What it can mean

Your compensation increased by one-half (up to $10,000, plus up to $250 in costs) and, if you lost work over it, reinstatement and repayment of lost wages and work benefits.

1 yeargenerally, from the discriminatory act

In civil courtFEHA · Labor Code § 6310

If the pressure turns into a firing or discipline because of your injury, a disability claim under FEHA may follow. If you were punished for complaining about unsafe conditions, Labor Code § 6310 also protects you.

What it can mean

Depending on the claim: lost wages and benefits, emotional distress damages, and attorney’s fees and costs. Under § 6310, reinstatement and repayment of lost wages and work benefits.

Variesby claim; 3 years to file with the Civil Rights Department for FEHA

If you were pushed to quit

A resignation, already typed.

At the workers’ comp boardLabor Code § 132a

Being pushed out because of a claim may still be discrimination under § 132a, even if you were the one who resigned. Don’t sign a resignation or release before you get advice.

What it can mean

Your compensation increased by one-half (up to $10,000, plus up to $250 in costs), reinstatement, and repayment of lost wages and work benefits.

1 yeargenerally, from the discriminatory act or the date your job ended

In civil courtConstructive discharge

California law can treat a resignation as a firing when the employer intentionally created or knowingly permitted conditions so intolerable that a reasonable person would have had to quit. That can support a FEHA or wrongful termination claim. About constructive discharge

What it can mean

Depending on the case: lost wages and benefits, future lost earnings, emotional distress damages, punitive damages in cases of malice, oppression or fraud, and attorney’s fees and costs.

3 yearsto file with the Civil Rights Department; generally 2 years for public-policy wrongful termination

One team, both fronts.Our workers’ comp and employment attorneys work together on your case.

Your case, live on your phone.

We built our own case management software — and our clients get a window into it. Open the dashboard to see where your case stands, what's next, and who's working on it.

Illustration. Sample data — not an actual client or case.

  • Where your case stands

    See what's happening and what comes next, without waiting on a call back.

  • Appointments & key dates

    Your upcoming meetings, calls and case events in one timeline.

  • Upload evidence

    Send photos, pay stubs, texts and documents straight from your phone to your file.

  • Message your team

    Reach the people working on your case directly, from the same screen.

Built in-house by Employees First. Not off-the-shelf software.

Free Case Review

Is this you?

It started right after you reported the injury.

You got hurt, you told your employer, maybe you filed a claim. Then work changed. If any of these sound familiar, the timing matters.

  • 01Fired days after reporting the injuryThe reason was new, vague, or came out of nowhere.
  • 02Hours cut or schedule changed after the claimFewer shifts, worse shifts, or “we’ll call you.”
  • 03Told not to file, or to use your own insurancePressure to keep the injury off the books.
  • 04Back on restrictions, told there’s no workNo light duty, no conversation about what you can do.
  • 05Written up for the first time after the injuryA clean record, then sudden discipline.
  • 06Pushed to quitTreated so badly that resigning felt like the only way out.
  • 07Demoted or moved to a worse jobLess pay, a lesser title, or the jobs nobody wants.
  • 08“We’re restructuring.”Right after the claim, and the cut seems to start with you.

Not every bad decision after an injury is illegal. The question is whether you were treated worse because you got hurt on the job or filed a claim. Write down the dates: when you were hurt, when you reported it, and when things changed.

Where each claim is heardOne injury.Two rooms.

Retaliation after a work injury can lead to two cases in two different rooms: a petition at the workers’ comp appeals board, and an employment case in civil court. Pick a question to see which room handles it. Our workers’ comp and employment attorneys work together on your case.

One injury, two rooms: an architectural cross-section A line drawing of one building cut open. Through a single front door in the center hall, a corridor leads left to a workers’ comp hearing room, with a judge’s bench, a hearing table and the claim file, and right to a civil courtroom, with a judge’s bench, a jury box, a counsel table and the employment case file. A line of light runs through the corridor from the claim file to the case file. A A WORKERS’ COMPENSATION APPEALS BOARD ONE TEAM SUPERIOR COURT · CIVIL SECTION A–A ONE INJURY · ONE DOOR · TWO ROOMS
The hearing roomWorkers’ comp · Labor Code § 132a The corridorOne team works both cases The courtroomEmployment case · FEHA & wrongful termination

Which room handles what?

One injury can lead to two cases in two forums. Here is where each answer lives.

Side by side: what each forum handles. Statutes cited; facts vary from case to case.
QuestionWorkers’ comp hearing room (WCAB)Civil courtroom (superior court)
Reinstatement? Yes. A worker who proves § 132a retaliation is entitled to reinstatement.Lab. Code § 132a Possible. Hiring or reinstatement is among the remedies available in a FEHA case, along with money damages.Fair Employment and Housing Act
Lost wages? Yes: reimbursement for lost wages and work benefits caused by the employer’s acts.Lab. Code § 132a Yes: lost wages and benefits, and depending on the case, future lost earnings.FEHA · wrongful termination
Comp increase? Your workers’ comp compensation can be increased by one-half, up to $10,000, plus up to $250 in costs and expenses. (If the retaliation was for testifying in a co-worker’s case, the remedy is reinstatement and lost wages and benefits, without the increase.)Lab. Code § 132a Not here. The one-half increase exists only in the workers’ comp system. A civil court awards damages instead.
Emotional distress? Not listed. Section 132a provides no damages for emotional distress, no punitive damages and no attorney’s fee award against the employer.Lab. Code § 132a Yes, where proven, along with punitive damages in cases of malice, oppression or fraud, and reasonable attorney’s fees and costs.Gov. Code § 12965(c)(6) · Civ. Code § 3294
Accommodation? The duty to accommodate comes from FEHA, not § 132a. A refusal can still matter to a § 132a petition if you were treated worse because of your work injury or claim. Employers with 5 or more employees must reasonably accommodate a known disability, which a work injury can be, and must engage in a timely, good-faith interactive process with you, including after workers’ comp leave runs out.Gov. Code § 12940(m), (n) · 2 CCR § 11069
Deadline? Generally one year from the discriminatory act or the date you were let go, filed as a petition in your workers’ comp case.Lab. Code § 132a Generally three years to file with the Civil Rights Department, then one year to sue after the right-to-sue notice. Wrongful termination in violation of public policy: generally two years.Gov. Code §§ 12960, 12965 · Code Civ. Proc. § 335.1
Who decides? The Workers’ Compensation Appeals Board, on a petition filed inside a pending workers’ comp case. The Board does not hear the criminal side of § 132a.Lab. Code § 132a · DWC Guide 7 A California superior court. A FEHA case starts with a complaint to the Civil Rights Department and a right-to-sue notice.Gov. Code §§ 12960, 12965

General information, not legal advice. Whether retaliation happened depends on the facts: you generally need to show you were treated worse because of the injury or the claim.

The law in plain English

Two fronts. One injury.

California workers’ comp covers injuries that arise out of and in the course of employment (Labor Code § 3600). What your employer did after the injury can be its own legal problem, in two different places.

Front one

The Workers’ Compensation Appeals Board

Labor Code § 132a

  • What it protects

    California law makes it illegal for an employer to fire you, threaten to fire you, or treat you worse because you filed a workers’ comp claim or said you were going to. The same law protects you if you received a rating, award or settlement, or if you testified, or said you would testify, in a co-worker’s case.

  • Where it’s heard

    A “132a” claim is filed as a petition with the Workers’ Compensation Appeals Board (WCAB), inside your workers’ comp case. You need a workers’ comp case on file at the Board.

  • What you have to show

    That you were treated worse because of the work injury or the claim. A policy applied the same way to every worker, injured or not, is generally not enough.

  • Deadline

    Generally one year from the discriminatory act or the date you were let go.

Labor Code § 132a · DWC Information & Assistance Guide 7

Front two

Civil court

FEHA · wrongful termination

  • Disability discrimination

    A work injury can also be a disability under the Fair Employment and Housing Act (FEHA), even a temporary one, if it limits a major life activity. FEHA bars firing or punishing you because of it (Gov. Code § 12940(a)). It applies to employers with five or more employees.

  • Accommodation and the interactive process

    Your employer must reasonably accommodate a known disability unless it would cause undue hardship, and must engage in a timely, good-faith interactive process with you (Gov. Code § 12940(m), (n)), including after workers’ comp leave runs out.

  • Wrongful termination

    A firing that violates a fundamental public policy, such as the one FEHA expresses, can be wrongful termination in violation of public policy. If you were punished for complaining about unsafe conditions, Labor Code § 6310 also protects you.

  • First step for FEHA

    Before a FEHA lawsuit, you file a complaint with the California Civil Rights Department and get a right-to-sue notice. How the CRD complaint works

Gov. Code §§ 12940, 12960, 12965 · Labor Code § 6310

Different cases, different forums. A § 132a claim is heard by the Workers’ Compensation Appeals Board. A disability discrimination or wrongful termination case is filed in civil court. They can generally proceed at the same time.

The injury itself stays in workers’ comp. Medical care and disability benefits come through the workers’ comp system. The civil case is about how you were treated after the injury. Read our full guide to Labor Code 132a

The clocks that start running

  1. 30Days · report itThe law asks for written notice of the injury to your employer within 30 days. Sooner is better. (Labor Code § 5400)
  2. 1Working day · claim formOnce your employer knows, it must give or mail you a DWC-1 claim form. (Labor Code § 5401)
  3. 1Year · § 132a petitionGenerally, from the discriminatory act or the date you were let go. (Labor Code § 132a)
  4. 2Years · public policyGenerally, for wrongful termination in violation of public policy. (Code Civ. Proc. § 335.1)
  5. 3Years · CRD complaintTo file with the Civil Rights Department under FEHA, then 1 year to sue after the right-to-sue notice. (Gov. Code §§ 12960, 12965)

There is no single deadline for everything. Late notice of an injury is not automatically fatal to a workers’ comp claim (Labor Code §§ 5402, 5403), and some situations change these dates. General information, not legal advice. Talk to a lawyer about your dates.

What you can recover

What each front can put back

The two fronts offer different things. That is a big part of why the civil case can matter.

At the workers’ comp board

Under Labor Code § 132a

  • Your workers’ comp compensation increased by one-halfUp to $10,000, plus up to $250 in costs and expenses.
  • ReinstatementGetting your job back.
  • Repayment of lost wages and work benefitsCaused by what your employer did.

If the retaliation was for testifying in a co-worker’s case, the law provides reinstatement and lost wages and work benefits, without the one-half increase. Section 132a does not provide emotional distress damages, punitive damages or attorney’s fees.

In civil court

Under FEHA and related claims

  • Lost wages and benefitsBack pay from the date things changed.
  • Future lost earningsWhen you can’t return to the job, or the pay it paid.
  • Emotional distress damages
  • Punitive damagesIn cases of malice, oppression or fraud.
  • Attorney’s fees and costsUnder FEHA, a court can order the employer to pay them.

Depending on the case. Every case is different, and no outcome is guaranteed.

What to gather

Before and after: the record of what changed

These cases often turn on dates. Keep copies of everything, and keep them somewhere your employer can’t reach.

  1. Report the injury in writingAs soon as you can. Once your employer knows, it must give or mail you a DWC-1 claim form within one working day. Fill it out, keep a copy, and give it back to your employer.Labor Code §§ 5400, 5401
  2. Don’t sign without adviceDon’t sign a resignation, release or settlement before you talk to a lawyer. What to check before you sign
  • Injury report and DWC-1With the date you reported it and turned in the form.
  • Medical notes and work restrictionsEvery note from your doctor about what you can and can’t do.
  • The termination or discipline noticeOr any letter about your schedule, role or return to work.
  • Texts and emails after the injuryEspecially anything about the claim, your restrictions or your job.
  • Schedules and pay stubs, before and afterThey show what changed, and when.
  • Names of witnessesWho saw the injury, or heard what was said after it.

Once we take your case, you can upload these in your client app.

Results

When a work injury ended a job

$5,150,000 Settlement Work Injury & Wrongful Termination
$2,187,500 Settlement Workplace Injury & Wrongful Termination
$1,200,000 Settlement Disability Discrimination & Wrongful Termination

Prior results do not guarantee a similar outcome. See more results

$200M+Recovered

Combined recoveries in cases handled by our attorneys including employment and injury matters. Every case is different, and past results do not guarantee a similar outcome.

FAQ

Questions injured workers ask us

Short answers. Your own dates and facts matter, so the free case review is the next step.

Can I be fired for filing a workers’ comp claim in California?

Not for that reason. Labor Code § 132a makes it illegal for an employer to fire you, threaten to fire you, or treat you worse because you filed a workers’ comp claim or said you were going to. It also protects you if you received a rating, award or settlement, or testified in a co-worker’s case. An employer can still act for reasons that have nothing to do with the injury or the claim, so the timing and the reasons it gives matter.

What is Labor Code 132a?

It is California’s law against discrimination toward injured workers. A 132a claim is filed as a petition with the Workers’ Compensation Appeals Board, inside your workers’ comp case. If the Board finds a violation, your workers’ comp compensation can be increased by one-half, up to $10,000, plus up to $250 in costs, and you can be entitled to reinstatement and repayment of lost wages and work benefits.

Can I sue my employer for retaliation after a work injury?

Often, yes, in a separate case in civil court under California’s disability and wrongful termination laws. If your injury is a disability under FEHA, being fired because of it, refused a reasonable accommodation, or shut out of the interactive process can be unlawful (Gov. Code § 12940). The injury itself stays in workers’ comp; the civil case is about how you were treated after it.

What if my employer won’t take me back on light duty?

If you have work restrictions, your employer must consider reasonable accommodations and engage in a good-faith interactive process with you, including after workers’ comp leave runs out. A refusal can support a disability discrimination or failure-to-accommodate claim. Whether it is also a § 132a violation depends on whether you were treated worse because of the work injury or claim.

How long do I have to file a 132a claim?

Generally one year from the discriminatory act or the date you were fired. Other claims have different deadlines: three years to file with the Civil Rights Department for disability discrimination, then one year to sue after a right-to-sue notice, and generally two years for wrongful termination in violation of public policy.

Can I have a workers’ comp case and a wrongful termination case at the same time?

Yes, generally. They are different cases in different forums: the Workers’ Compensation Appeals Board and civil court. A § 132a claim does not stop you from bringing a disability discrimination or wrongful termination case, and the two can generally proceed at the same time.

Do I need two lawyers?

No. Employees First Labor Law handles both workers’ compensation and employment cases, and our workers’ comp and employment attorneys work together on your case.

The consultation is free and virtual. No attorney’s fee and no case costs unless we recover money for you. If we do, our fee is a percentage of the recovery, and the case costs we advanced are repaid from your share — all set out in your written fee agreement.

Related

Often part of the same story

Free case review

You reported the injury. Let us take it from here.

Tell us what happened and when. We’ll look at both fronts, the workers’ comp board and civil court, and tell you where you stand.

Free Case Review Call (310) 853-3461

Free virtual consultations. No attorney’s fee and no case costs unless we recover money for you. If we do, our fee is a percentage of the recovery, and the case costs we advanced are repaid from your share — all set out in your written fee agreement.

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