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Have you suffered retaliation after filing a workers' compensation claim in California?
Goldberg & Loren fightfor the rights of workers who have faced retaliation for seeking workers’ compensation benefits.
If you are looking for a workers’ comp retaliation lawyer in California, look no further! With Goldberg & Loren on your side, you can rest assured knowing that your case is in capable hands.
We will work tirelessly to ensure that you receive the compensation you deserve and that those responsible for retaliation are held accountable.
Contact Goldberg & Loren today to schedule a free consultation. Don’t let retaliation go unchecked – take action now to protect your rights and get the justice you deserve.
What is Workers' Comp Retaliation?
In California, injured workers have the right to file a compensation claim and seek compensation benefits for a work-related injury. This includes medical treatment, temporary disability benefits, permanent disability benefits, and even compensation for vocational rehabilitation.
Some employers may try to discourage employees from pursuing their rightful claims by engaging in discriminatory or retaliatory actions.
California workers’ comp laws provide robust protections for injured employees. These laws make it illegal for employers to discriminate against workers for asserting their compensation rights.
If your employer retaliates against you for filing a workers’ comp claim, you have the right to take legal action.
In such cases, our workers’ comp retaliation lawyers can help you navigate through the legal complexities and protect your rights. This can involve pursuing compensatory and punitive damages to hold employers accountable for their actions.
Types of Workers’ Comp Retaliation in California
When it comes to workers’ comp retaliation, there are several common forms that employers may engage in to discourage employees from pursuing their compensation claims. Be aware of these types of retaliation so you can recognize and address them promptly. Here are some of the most common forms of workers’ comp retaliation:
- Adverse employment actions
- Discrimination
- Interference with medical treatment
- Retaliatory actions against witnesses
- Retaliatory reporting
Consult with our experienced workers’ comp retaliation lawyers at Goldberg & Loren, and we will provide guidance and support throughout the process.
Discrimination
Discrimination against injured workers can take many forms. If you are an injured worker, employers may treat you differently than other employees, denying you promotions or opportunities for advancement.
You may also be subject to harassment or experience a hostile work environment. Such actions not only undermine your self-esteem and sense of belonging but also inhibit your ability to recover and return to work.
Discrimination against injured employees is illegal under the Fair Employment and Housing Act and other labor laws.
If you’re an injured worker, you have the right to pursue workers’ compensation benefits without fear of discrimination or retaliation. If you are facing discrimination due to a work-related injury, seek legal assistance from our experienced workers’ comp retaliation lawyers at Goldberg & Loren.
Remember, you have the right to fair treatment and protection under the law. Do not let discrimination derail your recovery and compensation journey.
Adverse Employment Actions
One common adverse employment action is demotion. Employers may unfairly demote you upon your return to work, even if you’re fully capable of performing your previous job duties. This demotion can be a blow to your self-esteem and can also result in a reduction in pay or hours worked.
Another adverse employment action is changes in job duties. Employers may assign you tasks that are less desirable, or limiting to your opportunities for growth and advancement within the company. This not only hampers your career development but also creates a hostile work environment.
Denial of promotions is a prevalent adverse employment action that you might experience. Employers may overlook your skills and qualifications even if you have proven your dedication and commitment to the company, choosing to promote other employees instead.
Wrongful Termination
Wrongful termination occurs when an employer unlawfully terminates an employee in retaliation for filing a workers’ compensation claim or for engaging in protected activities.
The law provides you with the right to seek compensation for your injuries and medical expenses through the workers’ compensation system. Some employers see these claims as a burden and choose to terminate employees as a form of punishment or to discourage others from filing claims.
California law prohibits employers from retaliating against you as an employee if you have exercised your rights, such as reporting workplace safety violations or participating in investigations related to workers’ compensation claims.
Unfortunately, some employers view these actions as a threat to their bottom line and resort to wrongful termination as a means of silencing employees.
Wrongful termination in workers’ comp cases is a clear violation of the law and can have serious consequences for employers. In addition to potential legal action, they may be subject to punitive damages.
If you believe you have been wrongfully terminated in retaliation for filing a claim or engaging in protected activities, consult with our experienced workers’ comp retaliation attorneys.
Statute of Limitations for Workers' Comp Retaliation in California
Under California’s statute of limitations, you have a limited amount of time to file a lawsuit in response to workers’ comp retaliation. As per the California Division of Workers’ Compensation (DWC), the complaint should be filed within one year of the retaliatory action. [1]
This is because the laws are designed to ensure that employers can adequately defend themselves against any potential claims. The statute of limitations period varies based on the type of claim you are bringing forward.
Begin the process of filing a lawsuit as soon as possible after the retaliatory action is taken. A prompt response can help ensure that your rights are protected and support a strong case against your employer.
Contact Our Experienced Workers' Comp Retaliation Lawyers in California Today
At Goldberg & Loren, our experienced workers’ comp retaliation lawyers understand the complex nature of these cases and the impact that wrongful termination can have on your life. We are committed to helping you seek justice and hold your employer accountable for their actions.
If you believe you have been wrongfully terminated in California, contact us today for a free consultation to discuss your legal options. Our experienced team is here to provide you with the legal guidance and support you need.
Source
[1] Newsom, G. (n.d.). STATE OF CALIFORNIA. Retrieved September 20, 2023, from https://www.dir.ca.gov/dlse/FilingARetaliationComplaint1.pdf
If you're facing workers' compensation retaliation in California, our skilled lawyers at Goldberg and Loren are available to offer the necessary legal support. Feel free to contact us without delay to obtain the information you seek. We're fully prepared to assist you.
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