Can you be fired while on workers’ comp in California? You might ask yourself this question after a workplace injury, which can change your job duties and expectations. Communication with your employer, your work status, and day-to-day responsibilities are all affected when you file a workers’ compensation claim. When circumstances shift, questions about job security and next steps may surface.
Understanding how employment and workers’ compensation intersect is an important part of navigating this process and responding to changes that may occur along the way.
Hire a Workers’ Compensation Lawyer
English Lloyd & Armenta is a California law firm that represents injured workers in workers’ compensation cases. The law firm has handled workplace injury claims, benefits disputes, and job-related employment issues for over thirty years.
Attorneys at English Lloyd & Armenta understand the California workers’ compensation system, as well as the tactics used by employers, insurers, and medical evaluators. English Lloyd & Armenta represents clients throughout Rancho Mirage and the Coachella Valley in cases involving injuries that happen at work.
Can an Employer Terminate an Employee While They Are Receiving Workers’ Compensation Benefits?
Employers can fire an employee who is on workers’ compensation. California is generally an at-will employment state, and employees can usually be terminated at any time and for any lawful reason. Employers cannot fire employees for filing a workers’ compensation claim, but they may take disciplinary action for other reasons.
Employers may cite layoffs, well-documented performance issues, or violations of policies that are not related to the injury as a reason for termination. An employer cannot use the claim as the reason for termination, but they can fire the employee for another reason.
California Laws That Protect Injured Workers From Retaliation
Employers in California are not allowed to retaliate against workers for filing a claim for workers’ compensation benefits. California Labor Code § 132a makes it illegal to fire, threaten, or discriminate against someone due to a work injury or a request for workers’ comp benefits. When a violation of this law occurs, the worker may be eligible for increased benefits, reinstatement, or other remedies.
These protections can apply both during and after a workers’ compensation claim. The employee may have to prove that the employer’s action was retaliatory, often by showing a connection between the injury report and the termination, such as if they were fired soon after reporting a workplace injury.
What Happens to Workers’ Compensation Benefits After a Termination?
Workers’ compensation benefits do not automatically cease if the worker is fired. For example, medical treatment usually continues as long as it is reasonable, necessary, and approved by the workers’ compensation insurer. Temporary disability benefits may also continue if a doctor determines the worker is unable to return to work because of the industrial injury.
Wage replacement may be affected if the worker is terminated due to misconduct or other nondisability-related reasons, depending upon the specific facts of the case. The law does not automatically terminate benefits just because the employment relationship ended. Situations are analyzed based upon the medical condition of the worker, the worker’s work restrictions, and the reason for termination.
Situations Where an Employer May Legally End Employment During a Workers’ Comp Claim
An employer may have grounds to terminate an employee during a workers’ compensation claim, provided it is for legitimate, non-retaliatory reasons. For example, if the employee is laid off as part of a company-wide layoff or because their position was eliminated, or the employee is terminated for a legitimate, documented violation of workplace rules or for inability to perform the essential functions of the job after a reasonable accommodation is made, it is legal.
If there is no modified duty available and the employee does not return to work after a set period, the employer has the right to terminate the employee. If the employee had been terminated regardless of the workers’ compensation claim, the termination would be legal.
FAQs
Do You Have to Inform a New Employer About a Workers’ Compensation Claim?
You’re usually not required to tell your new employer about a workers’ comp claim. Unless an application specifically inquires or the job demands physical capabilities you lack, a prior workers’ compensation claim is usually just considered part of your existing medical and employment history and doesn’t require voluntary disclosure to a new employer.
The relevance of the issue during hiring hinges on whether an old injury or its aftermath stops you from doing essential tasks for the role.
Where Might You Be Treated After a Workplace Injury in Rancho Mirage?
After being injured at work in Rancho Mirage, injured workers are often treated by a health care provider selected by their employer from the workers’ comp panel of providers. In some cases, the injured worker may be authorized to seek treatment at a local hospital or medical facility, such as Eisenhower Health.
What Legal Protections Apply if You Are Fired After a Work Injury in California?
If the termination is retaliatory in nature due to the injury or a claim, an employee may be able to take legal action. California Labor Code § 132a makes it illegal for employers to discharge or in any way discriminate against an employee for filing a workers’ compensation claim. In the event of a violation, other remedies may also be available to an injured worker, including additional compensation depending on the facts and circumstances of the case.
How Often Do Workplace Injuries Result in Missed Work Time in California?
The U.S. Bureau of Labor Statistics reported that there were 224,100 cases with days away from work, job transfer, or restriction in 2024. The case rate measures how often workplace injuries or illnesses result in days away from work, job transfer, or work restrictions. That same year, the state recorded 419 fatal work injuries.
Contact a Workers’ Compensation Lawyer
Knowing your rights after a workplace injury is key to protecting your rights and benefits. Legal issues can be involved in employment decisions made during a workers’ comp claim. Injured workers in California turn to English Lloyd & Armenta for help with these concerns and their effects on recovery and employment. Schedule a consultation today to hire a workers’ compensation lawyer.
