Unfortunately, many people choose not to file workers compensation claims out of fear that doing so will result in job loss. However, your employer cannot fire you because of a workers compensation claim. While the employer can fire you during an open claim, he or she must also prove that the reasons for terminating you had nothing to do with filing the claim.
Many employees in California have jobs with “at will” employment agreements, meaning that either the employer or employee can end the working agreement at any time for any reason, or even no reason. However, an employer would have to be especially careless to inform you that you are being fired for filing a workers compensation claim, as you could then file a lawsuit alleging retaliatory termination.
Contracted employees in California should have the specific reasons an employer can terminate the contract listed therein. Unfortunately, some of these contracts contain provisions which permit the employer to terminate the contract if an employee is unable to work for a certain period of time.
Again, every case is different and an employment lawyer can examine the specifics of your case to advise you as to the best course of action for your particular needs. There are often time limits in many of these claims, which is why it is important for you to speak with a lawyer as soon as possible after being injured at your workplace. An attorney can advise you as to what documentation you will need to secure and what options are available to you under California employment law to be fully compensated for your injury.
Law Offices of Kesluk, Silverstein & Jacob – Los Angeles employment attorneys