When you are injured at work, you have a right to file for workers' compensation benefits. If your employer fires you or retaliates against you for exercising this right, you may be entitled to additional compensation from your employer under California Labor Code §132a. If you are hiring a workers' compensation attorney and were retaliated against for pursuing workers' compensation benefits, it is very important that you hire an attorney who will not only pursue your rights for workers' compensation disability benefits but also for §132a penalties.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. Our attorneys represent employees in all types of employment disputes, including wrongful termination. Contact us to discuss your case and explain your options. In Southern California, we have offices in Los Angeles. We handle cases in all parts of California.
Can My Employer Fire Me if the Accident Was My Fault?
This is a very complicated legal issue we recommend you consult an experienced attorney about.
Merely being terminated due to a work related injury is a difficult issue now that two different California Courts of Appeal have come to different rulings on this issue. Until the Employment Lawyers Group or another employment lawyer gets this issue before the California Supreme Court, if you suspect that your termination of employment was due to a work related injury, it is important that you speak to the Employment Lawyers Group who has experienced attorneys in this area who can properly advise you whether you can sue for the loss of your job. A detailed analysis must be taken whether your work related injury has caused what the law recognizes as either a serious medical condition qualifying you under the California Family Rights Act otherwise known as the Family Medical Leave Act, or a disability for which your employer must accommodate including through a leave of absence. In addition, exactly where your employer employed you is important because the law is not being uniformly applied in California in respect to employment terminations solely due to work injuries.
It is illegal for your employer to fire you, demote you or take adverse actions against you for:
Examples of times when you should consult an attorney include:
Some workers' compensation claims — especially relatively clear-cut claims requiring compensation for a few weeks or less — proceed without a hitch, and there is no need to hire an attorney. In other cases, you may feel vulnerable based on your employer's reputation for disputing these claims, a threat that you may be fired if you pursue the claim, or for other reasons.
Why hire a workers' compensation lawyer — and when is it necessary? Insurance disputes that require a fight for the benefits you deserve are common. Some people do become victims of wrongful termination because they have been injured and filed a claim. You likely need counsel and protection from a skilled, knowledgeable California workers' compensation attorney if:
Perhaps the most important reason to hire a workers' compensation lawyer is that your ability get proper medical care for your work injury and achieve maximum recovery may depend on it. All such situations call for a work comp lawyer who understands the rating tables and other complex aspects of the workers' compensation filing, appeal and litigation processes.
Without a lawyer, you are at an extreme disadvantage. Workers' compensation is based upon disability ratings that determine how much your claim is worth. These tables are not available to the public, and you will never know if you are being offered the right amount. Trying to settle on your own could:
Contact Work Comp and Employment Lawyers Serving California Employees
You would not operate on yourself, so why try to pursue a case for your disability compensation on your own?
At the Employment Lawyers Group, we counsel and take action for injured workers in the Los Angeles area and throughout California. Work comp representation does not require upfront payments, and we earn court-approved, modest attorney fees only if we help you resolve your claim favorably. Call 877-525-0700 or send us an e-mail now to learn more.
As soon as possible after suffering an injury on the job — or learning you have an occupational disease — you should report what happened to your employer. In most cases, provided your condition will require you to miss substantial work, you will be entitled to California workers' compensation benefits. These benefits, covering necessary medical treatment, replacement of lost income through temporary or permanent disability benefits, and sometimes other needs, may be essential for your recovery and future.
Unfortunately, getting proper medical care for a work injury turns out to be an imposing challenge for many California workers. Wrongful work comp claim denials are common, and disputes arise that put workers and families in dire straits financially while they wait for the benefit checks they desperately need.
At the Employment Lawyers Group, we understand workers' compensation law and how to protect our valid clients' rights to get the care and treatment they need, for as long as they need it. Our attorneys understand the injury and disability rating tables used to determine the value of your claim, and we have a track record of success holding employers and insurance companies accountable to their obligations under the law.
Turn to Our California Work Injury Lawyers for Guidance and Protection Our work on your behalf could make all the difference in your ability to:
It is unconscionable for an employer to put profits above the health and safety of its employees. In California it is also illegal. You have a right to report health and safety violations at your work site. If your employer fires you or punishes you for exercising your rights, you may be entitled to compensation for lost wages, emotional distress and other damages.
The law on whether you can sue for wrongful termination due to a work related injury has become complicated due to conflicting California Courts of Appeal decision. For proper legal advice, please contact us so we can determine what your best course of option is depending on your actual medical diagnosis.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. Our attorneys represent employees in all types of employment disputes, including wrongful termination. Contact us to discuss your case and explain your options. In Southern California, we have offices in Los Angeles. We handle cases in all parts of California. Protecting the Health and Safety of Workers If conditions of your workplace are unsafe or unhealthful, you have several options:
You also have the right to refuse to perform work that violates occupational safety or health standard when doing so would create a real and apparent hazard to you or any other worker.
Contact an OSHA Safety Violations Lawyer Serving San Bernardino County
To speak to an Ontario workplace safety violations attorney, call 877-525-0700 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla Español. We are your San Bernardino Employment Lawyers serving: Apple Valley, Chino, Chino Hills, Fontana, Hesperia, Highland, Montclair, Ontario, Ranchco Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Victorville.