Termination for Filing a Workers' Compensation Claim | Mann & Elias
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Termination for Filing a Workers’ Compensation Claim

Wrongfully Terminated for Filing a Workers’ Comp Claim? Contact Our Lawyers That Handle Wrongful Termination in Los Angeles

When you are an employee who is injured on the job, you expect your employer to help in making sure you receive adequate compensation. However, if you filed your workers’ compensation claim, and discovered your employer who you thought would have help you, fired you, then you would need legal representation. When this happens, do not assume you have no legal rights. In fact, you will have the law on your side, should you be wrongfully terminated for filing a workers’ compensation claim. To learn how to hold an employer accountable for this act and gain compensation for actions taken against you, work with our Los Angeles wrongful termination lawyers at Mann Elias.

Section 132a

According to Section 132a of the California Labor Code, an employer is prohibited from retaliating against a worker who has filed a workers’ compensation claim. In fact, if they do so and are later found to be guilty of such actions, they can be charged with a misdemeanor. However, many employers will choose to ignore this key part of the state’s Labor Code and try to use intimidation tactics against injured employees. Rather than lose your job due to a disgruntled employer who is acting illegally, work with unfair firing lawyers Los Angeles residents trust at Mann Elias.

Types of Compensation

When you have been the victim of a wrongful termination by an employer due to filing your workers’ compensation claim, you are entitled to receive various types of compensation for these actions. Typical types of compensation include reinstatement to your job, reimbursement for lost wages and benefits, costs and expenses not to exceed a maximum of $250, and increased compensation of as much as 50% but not to exceed $10,000. However, since your employer will balk at having to provide any types of compensation for their actions, you will need to work closely with an unjust termination at work lawyer Los Angeles employees know gets results in these matters, such as those at Mann Elias.

Employer Retaliatory Acts

Along with termination for filing a workers’ compensation claim, your employer may have taken additional steps along the way leading up to the termination. A common practice among employers who retaliate against employees who file workers’ compensation claims, such acts can include reductions in pay or seniority, requiring employees to use vacation time for medical appointments, and refusing to put an employee back on an eligible to rehire list. If you experienced any combination of these actions prior to your wrongful termination for filing a workers’ compensation claim, contact lawyers that handle wrongful termination in Los Angeles at Mann Elias.

132a Claims and Workers’ Compensation Claims

When filing a 132a claim, it is important to remember that this will be handled separately from your workers’ compensation claim. In fact, your workers’ compensation claim will usually be resolved prior to the 132a claim. However, just because the workers’ compensation claim has been resolved does not mean your employer should not be held accountable for their actions. Since it is likely they have used various retaliatory acts in the past against you or others, always make sure they are held responsible for their actions. To make this happen consult with Mann Elias, an employment attorney Los Angeles workers’ compensation clients trust to get excellent results in these matters.

Filing a 132a Claim

Once you decide on the need to file a 132a claim, you will need to do several things. First and foremost, always hire the services of experienced and knowledgeable Los Angeles wrongful termination lawyers at Mann Elias. After doing so, you can obtain a 132a petition filing packet from the Workers’ Compensation Appeals Board, which will need to be completed as quickly as possible. While you have one year from the date of your termination to file the 132a Petition, it is best if you file it as soon as possible. Since details of the incident will still be fresh in everyone’s minds, filing your petition in a quick manner will allow you to have a better chance of gaining compensation you need and deserve. To make sure you understand all facets of the petition and other paperwork in your packet, consult with unfair firing lawyers Los Angeles residents trust at Mann Elias.

132a and Other Legal Issues

When you file a 132a petition regarding your wrongful termination from an employer, it may also allow you to pursue other legal matters that are linked to your termination. One of the most common is a FEHA claim, which is the California Fair Employment and Housing Act. Since this acts prohibits various types of employment discrimination, including wrongful termination, you may be able to seek additional compensation for damages associated with your employer’s illegal actions against you. Such compensation may include previous as well as future lost earnings, reinstatement to your job, punitive damages, attorney fees, and compensation for the emotional distress you have suffered along the way. Since there are many complexities involved in FEHA claims that are associated with 132a petitions and workers’ compensation claims, never try to navigate this path on your own. Instead, consult with an unjust termination at work lawyer Los Angeles employees know will get results, such as Mann Elias.

Your Word Against Theirs

When an employer terminates an employee, it can sometimes be difficult to prove the reasons behind the firing, even if you know you were let go due to filing a workers’ compensation claim. In many cases, employers will attempt to say an employee failed to perform their job in a satisfactory manner, could not get along with others, was absent too often, or other reasons. To guard against this, always gather together your performance reviews, attendance records, and even statements from other employees attesting to your abilities on the job. Once you have this information, speak with lawyers that handle wrongful termination in Los Angeles at Mann Elias.

Should you need help with a wrongful termination associated with filing a workers’ compensation claim, turn to an employment attorney Los Angeles residents trust at Mann Elias.


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