Work Injury Claims Based on California Labor Code Section 132a
Labor Code Section 132a
Have you been mistreated in the workplace or wrongfully terminated due to an occupational injury or illness? You should not have to tolerate such wrongful actions from your employer – and the law agrees. Under California Labor Code Section 132a, you have the right to file a claim or lawsuit against your employer to recover damages. Consult with an experienced Los Angeles workers’ compensation attorney to get started on your case.
At the Kenton Koszdin Law Office, our dedicated legal team has stood on the side of California workers for many years. We fight passionately to protect our clients’ rights and bring justice against employers that mistreat their workers. If you bring your case to us, we will put in our fullest efforts to get you the compensation you deserve. To learn more about how our firm can help you, call (818) 901-9999.
Protections Provided by Labor Code Section 132a
California Labor Code Section 132a expressly prohibits certain acts by employers and insurers against workers who have suffered an occupational illness or injury. An employer violates the statute if they discharge, threaten to discharge, or in any manner discriminate against any employee because the employee has:
- Filed or expressed the intention to file a compensation claim or an application for adjudication;
- Been given a rating, award, or settlement; or,
- Testified or expressed the intention to testify in another employee’s case before the Workers’ Compensation Appeals Board (WCAB).
Additionally, insurers may not penalize or threaten to penalize employers (with a cancellation or a raise in premium, for instance) if they fail to discharge an employee for any of the above actions.
Proving Discrimination under Labor Code Section 132a
Demonstrating discrimination under this statute is a complex matter that requires professional legal expertise. Mere evidence of the negative consequences of your employer’s or their insurer’s actions is not enough. You must also be able to prove that the detrimental conduct was motivated purely by the fact that you sustained a job-related injury or illness, or, to put it in simpler terms, you were singled out because of your work injury.
Damages Awarded in a Section 132a Claim or Lawsuit
The remedies available to injured workers who have faced discrimination are generous. If you have a successful case, the Workers’ Comp Judge may award you any or all of the following:
- Reimbursement for lost wages and benefits
- Increased compensation by the lesser of 50 percent of $10,000, together with the costs and expenses not to exceed $250
To determine whether you have a viable claim or lawsuit, speak with a reliable southern California workplace injury lawyer as soon as you can.
We’ll Come to You
To schedule free case evaluation with the Kenton Koszdin Law Office now, call our office or submit an online form and we’ll get back to you promptly. If your injury or illness restricts you from travel, we will come to you at no cost.