Labor Code 132a Protects Injured Workers from Discrimination

Labor Code 132a 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. This means that a worker cannot be fired due to a workers’ comp claim or workplace injury.

Labor Code 132a states the following:

(1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee’s compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

(2) Any insurer that advises, directs, or threatens an insured under penalty of cancellation or a raise in premium or for any other reason, to discharge an employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and subject to the increased compensation and costs provided in paragraph (1).

(3) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because the employee testified or made known his or her intentions to testify in another employee’s case before the appeals board, is guilty of a misdemeanor, and the employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.

Wrongful Termination or Threat of it May Also be a Violation of Labor Code 132a

Adverse actions against an injured worker may involve wrongful termination or the threat of being terminated from employment. Furthermore, actions such as reducing hours, changing work duties, reducing pay, or denying benefits may also be deemed as a discriminatory act. Simply threatening these actions may also be found to be a violation of Labor Code 132a.

Labor Code 132a also states that a claim “may not be commenced more than one year from the discriminatory act or date of termination of the employee”. For these reasons, if an employee files a workers’ compensation claim and experiences a discriminatory act on the part of their employer, they should immediately contact an attorney to discuss their rights under Labor Code 132a.

In California, it is unlawful for an employer to discriminate or take retaliatory actions against an injured worker for filing a workers’ compensation claim.

Ford & Wallach offers a free case evaluation. Contact us by email or call 213.380.3140.