Hablamos Español

Close this search box.

Can My Employer Retaliate If I Claim Workers’ Comp?

Your employer cannot retaliate if you claim workers’ compensation benefits. If you suffered a work-related injury or became ill as a result of your job, you have the legal right to seek medical and lost income benefits from your employer’s workers’ compensation insurance.

When an employer retaliates after you file your comp claim, it can be a difficult situation to navigate on your own. However, if a workers’ comp lawyer represents you, they can effectively investigate your case, explain your rights and your employer’s responsibilities, and build the strongest possible case on your behalf.

What Kind of Retaliatory Actions Can an Employer Take?

A disgruntled employer might do various things that can be construed as retaliatory actions. Their actions can be hard to prove and document, especially  at the beginning.

Inform a local attorney right away if your employer does any of the following:

  • Attempt to persuade you not to file a workers’ compensation claim for a valid injury or illness 
  • Demotes, disciplines, or fires you or forces you to accept a reduced salary
  • Reduces your responsibility or arbitrarily changes your job description
  • Any arbitrary action that prevents you from performing your job
  • Refuses to promote or otherwise advance you because of your comp claim

You do not have to accept these actions or fear applying for the medical and lost income benefits you need and deserve. If your employer engages in any of these activities after you file for or start receiving workers’ compensation benefits, an attorney can help. 

How Can You Prove Your Employer’s Actions Were Retaliatory?

Reporting a retaliatory employer can be difficult. Just because these actions occurred does not automatically mean they were an act of workers’ compensation retaliation. Your employer might claim any actions they took were:

  • A reflection of your job performance
  • The result of financial difficulties

They can also say that other employees were laid off, let go, or experienced the same actions you did. After reviewing your case, your lawyer will build a strong evidence collection that disproves their defenses and may recommend any available legal actions you can take.

Is Employer Retaliation After a Workers Comp Illegal?

According to Department of Industrial Relations (DIR) guidelines, any retaliatory action against an employee who files a workers’ comp case is expressly prohibited. These acts are illegal, and the employer in question can face:

  • Costly and significant civil penalties 
  • Forced reinstatement of the employee
  • Criminal penalties and fines
  • Possible criminal incarceration

Employer retaliation is taken seriously, and employers are penalized accordingly. If you believe your employer is angry about your workers’ comp application and taking their anger out on you, do not hesitate to consult a workers’ comp lawyer. Most will review your case at no cost to you.

How Can an Employee Report the Employer’s Actions?

In most cases, you will report an employer’s acts of workers’ comp retaliation to California’s workers’ compensation board. If a lawyer represents you, they can handle this task for you and take on these responsibilities: 

  • Investigate the employer’s actions
  • Explain the state laws that prohibit retaliatory behavior
  • Investigate the company’s financial standing
  • Identify and interview coworkers and other witnesses
  • Handle communication with all parties involved

Your lawyer will go over any notification and filing deadlines that apply to reporting your case.

If the employer’s actions result in a denial of your benefits request, your lawyer can help you file an effective appeal and represent you throughout all proceedings.

Can an Employee Sue a Retaliatory Employer?

A workers’ compensation attorney in your area can explain your options if your employer retaliates against you. The actions you take will depend in large part on your preferences. For example, if you want to retain your job and continue to build your career, your lawyer can help you negotiate this outcome.

If you qualify to take legal action, they can recover the following monetary damages on your behalf:

  • Lost income
  • Legal costs 
  • Attorney’s fees
  • Punitive damages
  • Emotional distress 

Demanding compensation for retaliatory actions can be a complex legal matter. Fortunately, your lawyer can help you explore your options and make the best decision for you. 

Call Our Workers’ Comp Team Today for Your Free Case Review

Injured employees are entitled to file for and receive workers’ compensation benefits. If you suffered a workplace injury, your employer cannot retaliate if you file a workers’ compensation claim.

Retaliation after a workers’ compensation claim can be frustrating and stressful. You do not have to cope with it alone, though. Contact KJT Law Group at (818) 507-8525 to begin a free initial consultation. Our team works on a contingency fee basis, so we only get paid if and when we secure benefits for you.

We Will Fight For You

Contact our firm to get started.
Please enable JavaScript in your browser to complete this form.