If you’re injured on the job in California, you might be worried about filing a workers’ compensation claim because you’re scared of how your employer might react. What if you were at fault? Can you lose your job by filing a claim?
The good news is that California law has your back. You have a right to workers’ compensation benefits if you suffered a work-related injury. Additionally, your employer cannot fire you or take any adverse action against you because you filed a workers’ compensation claim. If they do, it is against the law, and you may have legal recourse.
Protect your legal rights after a workplace accident
After a workplace accident, it helps to do everything right to help assert your rights as an employee in California and ensure you receive the benefits you’re entitled to.
The first thing you should do is seek immediate medical attention. This helps document your injuries and supports your claim for benefits. You should also inform your employer as soon as possible. The law provides a 30-day window to do so, but the earlier, the better.
What to do if you face retaliation
Your employer may not fire you outright but they might cut your hours, demote you or create a hostile work environment to pressure you to quit. All these are forms of retaliation, and they are unlawful.
Should it happen to you, start by gathering relevant evidence. Document any actions by your employer that may amount to retaliation and save emails, messages or other communication that could demonstrate hostile behavior or unfair treatment. Statements from your colleagues or eyewitnesses can also help your case.
Do not rush to court
While you have the right to seek legal intervention, taking the matter to court right away can work against you. Follow your workplace procedures for dealing with such cases and exhaust internal channels first (if possible). This demonstrates you made a good-faith effort to resolve the issue before escalating it legally.
Most importantly, seek qualified legal guidance to understand what it takes to build a strong case and safeguard your legal rights. It can help you hold your employer accountable for any unlawful actions and get justice after a wrongful termination.