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Can I Get Fired For Filing A Workers’ Comp Claim?

By Kenton Koszdin on May 17, 2018 | In Workers Compensation

Can I Get Fired For Filing A Workers’ Comp Claim?

If you have any questions or concerns about any kind of disability cases, including Social Security Disability and workers’ compensation, call the Kenton Koszdin Law Office today! We’re here to help if you’ve suffered an injury or disability. Many injured workers are concerned that their employer may not react positively to them filing a workers’ compensation claim. Remember, California law empowers employees who sustain an injury on the job with the right to file a worker’s compensation claim.

Workers must timely report their work-related injury or illness and the underlying accident to their employer. Once workers report an accident and ensuing injury, they should request immediate medical care. Injured workers must complete a worker’s compensation claim form known as a DWC-1. Once an illness or injury has been reported by an employee to an employer, the latter must report the incident to its insurance carrier.

California is an employment “at-will” state and, thus, employees may be dismissed at the whim of their employer. However, an employer may not retaliate against a worker who has filed a worker’s compensation claim by firing them or terminating their employment. Yet, not every act of an employer that may negatively affect a worker is necessarily retaliatory. Employers are permitted to adopt policies that apply to all employees.

An employer is prohibited by California law from unlawfully discriminating or retaliating against an employee by engaging in conduct that is detrimental to the worker as the result of suffering and reporting a work-related injury. This prohibition extends beyond termination.

However, if a worker who suffered a work-related injury is treated differently from other employees, any detrimental treatment on behalf of the employer may be viewed as retaliatory. If you have been fired by your employer for filing a workers’ compensation claim, call our office immediately so that we may help you protect your rights. Employers must treat injured employees reasonably and fairly after they suffer and report a workplace injury or illness. Firing you is not an option simply because you asserted your rights under California law and filed a workers’ compensation claim.

The process of applying for and receiving workers’ compensation benefits is hardly simple or expedient. The time between application and award is long and arduous, requiring the strict observance of formalities, details, time limits, and other deadlines. Such a process requires the patience and guidance of an attorney like Kenton Koszdin who has helped injured California workers forge through this complex, daunting process for almost two decades.

The Kenton Koszdin Law Office helps injured workers stay on their feet physically and financially. If you have a workers’ compensation claim, please do not hesitate to talk to an experienced workers’ compensation attorney. We offer free office and in-home consultations at your complete convenience. Call 800-438-7734 or visit us online. Se habla espańol!

 

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