Workers Are Protected From Retaliation for Workers Comp Claims

When people go to work in California, most just assume that they will go, do their work and go home. However, sometimes, there are accidents that occur at work. There are some types of jobs where this may be more common than others, but accidents can occur at almost any workplace.

These accidents can also lead to injuries that force workers to miss time at work while they heal. During this period of time, the worker may be entitled to workers’ compensation benefits though to help with their lost income.

Why Employers May Retaliate Against Injured Workers

The employers may not be happy about it though since they may lose a worker and it can be costly. Therefore, there may be incentive for the employer to retaliate against the employee for filing a workers’ compensation claim.

This could come in the form of:

• Demotions when they do return
• Transfers to less desirable locations
• Firing the employee

These actions are illegal. Employers are not allowed to retaliate against employees for filing workers’ compensation claims.

Compensation in Worker’s Compensation Retaliation Claims

If the employers do retaliate against an employees, they could in fact be charged with a crime. In addition to that the employee may be entitled to a 50% increase in their workers’ compensation benefits.

Affected employees may also have other claims depending on the type of retaliation they endured. These protections also protect workers who testify on behalf of co-worker at a workers’ compensation hearing or cooperates in an investigation into the claim.

Get Help With Your Worker’s Comp Retaliation Claim

Unfortunately, many workers are injured on the job in California each year, both physically and through workplace stress. These workers may be entitled to workers’ compensation benefits while they are out of work. This is something they are entitled to regardless of whether the employer wants to pay for it or not.

So, if the employer retaliates against an employee for filing a workers’ compensation claim they may be guilty of a crime and have to compensate the employee even more due to their actions. These can be complicated cases though and consulting with an experienced attorney may be useful.