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 gets injured on the job, you expect your employer to help you receive adequate compensation. However, if you filed your workers’ compensation claim, and discovered your employer who you thought would have helped you fired you, then you would need legal representation.

While it might not seem plausible at the moment, you have legal rights. California takes wrongful termination claims seriously, and if you get hurt, always file 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. If they do so and are later found guilty of such actions, they can face criminal charges. However, many employers will choose to ignore this crucial part of the state’s Labor Code and use intimidation tactics against injured employees. Rather than lose your job due to a disgruntled employer acting illegally, work with an employment attorney in Los Angeles that locals trust.

Types of Compensation

When you have been the victim of 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 payment 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 providing any type 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.
  • Refusing to rehire an eligible employee.

If you experienced any combination of these actions before 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 essential to remember that this will be handled separately from your workers’ compensation claim. Once the compensation claim has gotten resolved, your employer can still be held accountable for their actions. They have likely used various retaliatory acts in the past against you or others. To hold them responsible for their actions, consult with Mann & Elias, an employment attorney for workers’ compensation in LA can get excellent results in these matters.

Filing a 132a Claim

Once you decide 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, quickly filing your petition will allow you to have a better chance of gaining the compensation you need and deserve. To make sure you understand all facets of the petition and other paperwork in your packet, consult with attorneys for unlawful firings in LA.

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 linked to your termination. One of the most common is a FEHA claim, the California Fair Employment, and Housing Act. Since this act 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.
  • Compensation for the emotional distress you have suffered along the way.

Since there are many complexities involved in FEHA claims associated with 132a petitions and workers’ compensation claims, never try to navigate this path on your own.

Your Word Against Theirs

When an employer terminates an employee, it can sometimes be challenging 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 say that an employee failed to perform their job satisfactorily, could not get along with others, was absent too often, or had other reasons. To guard against this, always gather your performance reviews, attendance records, and even statements from other employees attesting to your abilities on the job.

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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