In California, employers have an obligation to provide workers’ compensation insurance even when they only have a single employee. When an on-the-job injury happens, these individuals have the right to file a claim for financial benefits—even when they were at fault.
The downside for employers is that successful claims can lead to rising policy costs. Unfortunately, this can cause some employers to treat employees poorly or even retaliate against them when they file a claim. If you have experienced this behavior, a San Bernardino workers’ compensation retaliation lawyer may be able to help. Contact a dedicated workers’ compensation attorney today for help with your claim.
What is Prohibited Under the Law?
Employers cannot terminate or discriminate against an employee due to a pending workers’ compensation claim. Companies are explicitly prohibited from firing, demoting, or otherwise penalizing a worker who has:
- Filed or announced an intention to file a claim for benefits
- Received a rating award or workers’ compensation settlement
In other words, these protections take effect early on in the process. It is against the law for an employer to discriminate even when their employee has not yet initiated the claims process. If this has happened to you, it is essential to contact a workers’ compensation retaliation lawyer in San Bernardino right away.
What is Discrimination?
Being fired is not the only way a company can take punitive action against an employee. Discrimination could cover an array of other behavior like demotions, a reduction in salary, or the removal of seniority.
There are times when it may not be clear whether discrimination has happened or not. An attorney in San Bernardino could advise when behavior qualifies as workers’ compensation retaliation.
Not All Job Losses are Retaliation
In some cases, an employee may not have a job to return to after recovering from their injuries. While the law prohibits firing someone for filing a compensation claim, employers are not required to keep a position open indefinitely during recovery. Employers may also terminate employment for reasons unrelated to retaliation, such as downsizing.
Losing a job does not always qualify as retaliation, but an employee should not assume that is the case. Employers may use a pretext to fire someone when their primary concern is the worker’s injury claim. The best course of action is to seek guidance from a workers’ compensation retaliation attorney in San Bernardino.
The Consequences of Retaliating
State law imposes specific penalties on employers who fire or discriminate against an employee for filing a workers’ compensation claim. The penalty includes a 50% increase in awarded benefits, capped at $10,000.
Additionally, expenses of up to $250 are available. A more important part of a potential recovery includes reimbursement for any lost wages or work benefits due caused by the employer. The courts can also order someone reinstated to their position. A San Bernardino workers’ compensation retaliation attorney could advise on the extent of these penalties.
Reach Out to a Workers’ Compensation Retaliation Lawyer in San Bernardino Today
If you are facing unfair treatment at work after filing a claim for workers’ compensation benefits, you might have a viable case for retaliation. With the right legal help, you could potentially get your job back and recover a monetary award. Reach out to a San Bernardino workers’ compensation retaliation lawyer today to discuss your options.
(909) 885-1620