Leep, Tescher, Helfman and Zanze

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Leep, Tescher, Helfman and Zanze

Can your workers’ comp claim hurt you? Not in California

Even if you’ve been injured on the job, you might hesitate to file for workers’ compensation. You might worry about how filing for workers’ comp could affect your job. Will your employer be upset and take it out on you? Could your employer decide to fire you if you make a claim?

You don’t need to worry: this kind of behavior is illegal under California labor law.

According to the California Labor Code, employers are prohibited from discriminating against workers who are hurt on the job. This means that if you file for workers’ comp – or make it known that you intend to file for workers’ comp – it is illegal for your employer to do any of the following things:

  • Fire you
  • Threaten to fire you
  • Discriminate against you in any way

An employer who does any of these things could be charged with a misdemeanor under state law, and your own compensation award could be increased.

Similar penalties apply to insurers that threaten to cancel your insurance or raise your premium because you make a workers’ compensation claim.

So if you’ve been hurt on the job, don’t hesitate to talk to an attorney about filing for workers’ compensation and making sure your rights are protected. Making a claim shouldn’t add to your pain.