If you’ve been injured at work, you may be eligible to receive workers’ compensation benefits. However, many employers take offense when an employee files for workers’ comp benefits, and the working relationship changes. Here’s what you need to know about California’s labor code 132a, and how it applies to you after a work related injury.
Defining Labor Code 132a
Simply put, labor code 132a makes it against California law for an employer to discriminate or retaliate against you for seeking workers’ compensation benefits if you’ve been injured on the job.
What Counts as Discrimination or Retaliation?
Discrimination and retaliation against injured employees can take many forms. The following activities may be considered discrimination or retaliation if they occur after an employee has been hurt on the job and if they are in direct relation to the injury:
- Demotion or reduction in pay
- Disadvantageous change in work duties that is unrelated to medical restrictions
- Denial of compensation or benefits
- Denial of the use of company facilities
- Denial of training opportunities
- Denial of promotions or any benefits that other employees are receiving
An employer is required to treat an injured employee who has sought workers’ compensation benefits the same as any other employee, and cannot discriminate against, harass or retaliate against the employee for being injured or receiving workers’ compensation. For example, an employer who fires an employee or decreases his or her pay after being injured on the job is breaking California law under labor code 132a.
When to Contact a California Labor Code 132a Attorney
It’s critical to contact a skilled workers’ compensation attorney as soon as you are injured on the job, however, it is especially important to reach out to a lawyer with specific experience in California labor code 132a if you believe you have been discriminated or retaliated against in the workplace due to your injuries.
Proving that any discrimination or retaliation against you was directly related to your injury and workers’ compensation case can be difficult, and requires the expertise of a seasoned California workers’ compensation attorney. You’ll need to show that you were singled out specifically because of your injuries, and refute any claims that the employers’ actions were justified as a reasonable business necessity.
At the Law Office of Michael J. Holmes, we have significant experience working with employees who have been injured at work, and whose employers have violated labor code 132a. Attorney Holmes is dedicated to providing employees who filed workers’ compensation claims protection against discrimination and retaliation in the workplace, and will aggressively advocate for your rights under California law.
Contact Attorney Michael J. Holmes today to discuss your workers’ compensation case and to determine what your next move should be if your employer has discriminated or retaliated against you because of your injuries. Call now for a consultation at (714) 667-6844.