132a Workers’ Comp Retaliation Claims in California (2026 Guide)

Under California Labor Code 132a, your employer cannot fire you, threaten to fire you, or treat you worse because you filed a workers’ comp claim, said you were going to file one, or received a rating, award or settlement. If it does, the Workers’ Compensation Appeals Board (WCAB) can raise your compensation by one-half (up to $10,000), add up to $250 in costs, and order reinstatement and reimbursement of your lost wages and work benefits.

The clock is short. A 132a petition generally must be filed within one year of the discriminatory act or the date you were fired, and that deadline is written into section 132a itself. Many workers lose the claim simply because they wait to see whether things at work will improve.

This guide explains what 132a workers’ comp retaliation looks like, what you have to prove, what the claim is worth (and what it does not pay), how to file, and how it fits with disability discrimination and wrongful termination claims in civil court. If your question is broader, two companion guides may fit better:

• Can I be fired while on workers’ comp? covers when an employer can and cannot legally let you go while your claim is open.
• Workers’ comp after being fired covers what happens to your benefits, TD checks and medical care after you are fired, laid off or quit.

Fired, demoted or cut back after a work injury and want to talk through your options? See our workers’ comp retaliation lawyers page.

What Labor Code 132a prohibits

Section 132a opens with a declared state policy: there should not be discrimination against workers who are injured in the course and scope of their employment. It then makes it a violation for an employer to discharge, threaten to discharge, or in any manner discriminate against an employee because the employee:

• filed a claim for compensation with the employer (for example, by turning in a DWC-1 claim form);
• made known an intention to file a claim or an application for adjudication with the WCAB; or
• received a rating, award or settlement.

“In any manner discriminates” is broad. Retaliation does not have to be a firing. A demotion, a cut in hours, a transfer to a worse shift, a sudden string of write-ups, or the loss of a benefit other workers keep can all qualify if the reason behind it is your claim.

Section 132a is also a criminal law. An employer who violates it is guilty of a misdemeanor. The WCAB cannot try the criminal charge, but the appeals board may refer suspected violations, and any worker may complain about them, to the Division of Labor Standards Enforcement (the Labor Commissioner) or directly to the public prosecutor.

By the numbersOne year

Who is protected, and who can be held responsible

Section 132a covers more people, and more wrongdoers, than most workers expect.

Situation	What 132a provides
Employer fires, threatens or discriminates against you because you filed or announced a claim, or received a rating, award or settlement	Misdemeanor; compensation increased by one-half (max $10,000) plus up to $250 in costs; reinstatement and lost wages and work benefits
Insurer pressures your employer to fire you because of your claim (for example, by threatening cancellation or a premium increase)	Misdemeanor; insurer is subject to the same increased compensation and costs
Employer fires, threatens or discriminates against you because you testified, or said you would testify, in a co-worker’s case before the appeals board	Misdemeanor; reinstatement and lost wages and work benefits
Insurer pressures your employer to punish you for testifying in a co-worker’s case	Misdemeanor

Note that the one-half increase applies to the claim-related violations; a worker punished for testifying is entitled to reinstatement and lost wages and work benefits.

What if you were hurt and told your supervisor, but never formally filed? The statute’s text protects workers who “made known” an intention to file, so the safest course is to report the injury in writing and say plainly that you want to open a workers’ comp claim. Whether 132a reaches an employer that only knew about the injury is a fact-specific question to raise with a lawyer.

Watch: injured at work in California

Our attorneys explain what your employer must do after a work injury, and what to do in the first 24 hours to protect your claim.

Examples of workers’ comp retaliation

Retaliation is rarely announced. It usually shows up as a change in how you are treated after the claim, such as:

• being fired days or weeks after reporting an injury or turning in a claim form;
• a new “performance problem” or discipline for absences caused by authorized medical appointments;
• having your hours, pay, or overtime cut while co-workers keep theirs;
• being moved to a harder job, a worse shift, or a different location after the claim;
• threats such as “if you file, you are done here”;
• being told you cannot come back until you are “100%,” when similar workers are allowed back on modified duty.

An employer that ignores your doctor’s work restrictions or refuses modified duty may be violating other rules as well. See what to do if your employer ignores your work restrictions.

What you have to prove in a 132a claim

A 132a case is decided by a workers’ comp judge at the WCAB, and the worker has to show three basic things:

1. Protected activity or status. You suffered a work injury and filed a claim, made known you intended to file one, received a rating, award or settlement, or testified (or said you would testify) in a co-worker’s case.
2. Adverse treatment. The employer fired you, threatened to, or otherwise treated you worse.
3. A link between the two. In general terms, the worker must show the employer treated them differently because of the injury or the claim.

Employers usually respond by pointing to a legitimate business reason: a documented layoff that hit many workers, a policy applied the same way to everyone, or a position that genuinely could not be held open. That is where your evidence matters. Timing helps (an adverse action soon after the claim), but timing alone is often not enough. What tends to make the difference is proof that the employer’s explanation does not hold up, such as co-workers with the same attendance or performance record who were not disciplined, or a reason that changed over time.

Whether an employer had to hold your job open or offer modified work is often decided under the Fair Employment and Housing Act’s accommodation rules rather than under 132a, which is one reason these claims are frequently evaluated together.

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What a 132a claim is worth: remedies and limits

If the WCAB finds a 132a violation by your employer, the statute provides:

• Increased compensation: your compensation “shall be increased by one-half,” but by no more than $10,000;
• Costs and expenses: up to $250;
• Reinstatement to your job; and
• Reimbursement for lost wages and work benefits caused by the employer’s acts.

The increase is on top of the regular workers’ comp benefits in your case, not a replacement for them.

💡 Example: Ana files a claim for a shoulder injury and is fired three weeks later. Suppose the WCAB finds a 132a violation and the compensation in her case totals $16,000. One-half is $8,000, which is under the cap, so her increase is $8,000, plus up to $250 in costs, plus her lost wages and work benefits and an order of reinstatement. If her compensation instead totaled $36,000, one-half would be $18,000, but the increase would be capped at $10,000.

Just as important is what section 132a does not provide. It has no attorney’s-fee provision, no award for emotional distress, and no punitive damages. In workers’ comp cases, the appeals board decides what attorney’s fee is reasonable (Labor Code 4906). Workers whose firing also involved disability discrimination often have a separate civil case where those broader remedies are available, which is covered below.

By the numbers$10,000

How to file a 132a petition, and the one-year deadline

A 132a claim is not filed in civil court. Proceedings for the increased compensation, reinstatement, and lost wages are started by filing a petition with the appeals board. The Division of Workers’ Compensation’s Information & Assistance Guide 7 describes the filing as a Petition for Discrimination (Labor Code 132a), filed with the local WCAB office along with a document cover sheet, separator sheets, a verification, and proof of service on the other parties.

Two rules control timing:

• One year. The proceeding may not be commenced more than one year from the discriminatory act or the date of termination. This limit comes from the text of section 132a itself, not from the general deadlines for the injury claim.
• A pending WCAB case. According to the DWC guide, a 132a petition can only be filed if you have a pending case at the WCAB, which generally means an Application for Adjudication of Claim has been filed for the underlying injury.

The DWC guide also warns that employer discrimination can be difficult to prove and that the petition is technical. In practice, 132a petitions are often heard alongside the main workers’ comp case. Our guide to WCAB hearings, MSCs and trial explains how cases move through the board.

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132a vs. FEHA and wrongful termination claims

A firing after a work injury can break more than one law. Section 132a is the workers’ comp remedy at the WCAB. California’s Fair Employment and Housing Act (FEHA) separately prohibits employers with five or more employees from discriminating because of a physical or mental disability, failing to reasonably accommodate a known disability, and failing to engage in a good-faith interactive process (Government Code 12926 and 12940). A work injury that limits what you can do often counts as a disability under FEHA.

	Labor Code 132a	FEHA disability claim
Where it is decided	WCAB (workers’ comp judge)	Civil court, after a CRD complaint and right-to-sue notice
Deadline	1 year from the discriminatory act or termination	CRD complaint within 3 years (Gov. Code 12960); lawsuit within 1 year of the right-to-sue notice
Money	One-half increase (max $10,000), up to $250 costs, lost wages and work benefits	Lost wages, emotional distress damages, punitive damages in some cases
Attorney’s fees	No fee-shifting provision in 132a	Court may award fees to a prevailing employee (Gov. Code 12965)

A firing can also support a civil claim for wrongful termination in violation of public policy, for example when the firing violated FEHA’s ban on disability discrimination. That claim has its own deadline and rules, so get advice early. In many cases a worker pursues the 132a petition at the WCAB and a FEHA case in court at the same time, and any settlement should spell out which claims it resolves. Learn more about disability discrimination, failure to accommodate, and how to file a CRD complaint and get a right-to-sue notice.

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Evidence to collect and what to do now

Retaliation cases are won with documents and dates. Start now:

1. Write a timeline. Date of injury, date you reported it, date you turned in the claim form, every doctor’s note, and every change at work afterward.
2. Keep copies of what you have a right to keep. Claim forms, work restrictions, schedules, pay stubs, performance reviews, write-ups and the termination notice.
3. Save messages. Texts, emails and voicemails from supervisors or HR about your injury, your claim, or your return to work.
4. Note comparisons. Write down co-workers with similar records who were treated differently, and anyone who heard comments about your claim.
5. Ask for your records. California workers can request their personnel file and payroll records.
6. Keep treating and keep your claim moving. Do not drop the workers’ comp case; the 132a petition depends on it.
7. Calendar the deadline. Count one year from the adverse act or firing, and do not wait for it.
8. Talk to a lawyer who handles both systems. A 132a petition, a FEHA claim and the underlying workers’ comp case affect one another.

If you were punished for reporting a safety problem or complaining internally rather than for a comp claim, other laws may apply. See fired after complaining to HR and our retaliation claims page.

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Frequently asked questions

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

Not because of the claim. Labor Code 132a bars firing, threatening or discriminating against a worker for filing or announcing a claim, or for receiving a rating, award or settlement. An employer may still act for a genuine reason unrelated to the claim, so evidence of the real reason matters.

How much is a 132a workers’ comp retaliation claim worth?

The statute raises your compensation by one-half, capped at $10,000, plus up to $250 in costs, and provides reinstatement and reimbursement for lost wages and work benefits. Emotional distress and punitive damages are not available under 132a, but may be in a separate FEHA case.

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

Generally one year from the discriminatory act or the date you were fired. The petition is filed with the WCAB, and you need a pending WCAB case for the underlying injury.

Does 132a cover my attorney’s fees?

No. Section 132a has no attorney’s-fee provision. In workers’ comp matters, the appeals board decides what fee is reasonable. If you also have a FEHA claim, the court may award fees to a prevailing employee.

Can I file a 132a petition and sue my employer in civil court too?

Often, yes. A 132a petition is heard at the WCAB, while disability discrimination and wrongful termination claims are civil claims with their own deadlines and remedies. A lawyer can tell you whether your facts support both.

Am I protected if I testify for a co-worker?

Yes. Section 132a makes it a misdemeanor to fire, threaten or discriminate against an employee for testifying, or saying they intend to testify, in another employee’s case before the appeals board, and the worker is entitled to reinstatement and lost wages and work benefits.

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