Discrimination or Retaliation for Workers’ Comp in California
For over 15 years, Attorney Kenton Koszdin and his legal team have focused their practice on workers’ compensation law. Our extensive knowledge in the field allows us to protect the rights of clients against abusive employers. As an employee, you are entitled to compensation for your workplace injury and your employer is required by law to comply. If you believe you have faced retaliation from your employer just for filing for workers’ compensation, you may recover additional damages along with your compensation. Dial (800) 438-7734 for a free, informative case review with one of our helpful legal staff at the Kenton Koszdin Law Office.
What Is Labor Code 132a?
According to California Labor Code section 132a, “it is the declared policy of [the State of California] that there should not be discrimination against workers who are injured in the course and scope of their employment.” In other words, an employer cannot lawfully discriminate in any manner against an employee because he or she has been injured on the job and wishes to file a workers’ compensation claim. This would go against the Workers’ Compensation Act, which serves to protect the interests of not only employers but also employees.
An employer who conducts him or herself in such a manner may be met with misdemeanor charges. Additionally, the employee may be entitled to a significant increase in compensation benefits, up to a maximum of an additional $10,000. He or she may also be reinstated and receive back pay in addition to other benefits.
Common Forms of Employer Retaliation in Los Angeles
For the sake of protecting your rights as an employee, you should be familiar with the common forms of employer retaliation, including the following:
- Wrongful termination
- Biased performance review
- Unjustified wage reduction
- Unjustified demotion or lack of promotion
- Verbal intimidation and threats
- Negative reassignment or transfer
- Unjustified refusal to rehire
If you have experienced or are currently experiencing any of the above upon filing for workers’ compensation, consult with an attorney right away to discuss your legal options.
How Do I File a Retaliation Complaint in Los Angeles?
Complete and print the Retaliation Complaint, DLSE Form RCI 1 (available in a variety of different languages). Make sure all the information is correct; otherwise, you may face delays in the complaint process. Sign and date before submitting the form. If you have any supporting documents, make copies and attach them to the form. Avoid attaching original documents at all costs since they can be lost or misplaced. For more detailed information on the complaint filing process, visit the State of California Department of Industrial Relations webpage.
Preserving the Rights of California Workers
Do not be afraid to go up against your employer. The law is on your side. And with assistance from the highly accomplished attorneys at the Kenton Koszdin Law Office, you are bound to get the compensation you deserve.