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Getting hurt at work is stressful enough. Losing your job right after you report it can feel like a punishment for doing the right thing. If you believe you were fired for filing workers comp in California, the law gives you real options, and two different systems may be involved. Below, we explain what the law protects, where each type of claim goes, what a claim can be worth, and the deadlines you need to know.
Can You Be Fired for Filing Workers Comp in California?
No. Under California Labor Code section 132a, an employer cannot fire, threaten, or discriminate against you because you filed, or said you would file, a workers’ compensation claim. If it does, your compensation can increase by one-half, up to $10,000, and you can seek reinstatement and lost wages. A work injury can also support a separate disability discrimination claim in court.
This article may apply to you if any of these sound familiar:
California law states a clear policy: there should be no discrimination against workers injured on the job. Labor Code section 132a makes it a misdemeanor for an employer to discharge, threaten to discharge, or “in any manner” discriminate against an employee because of any of these:
The protection reaches coworkers, too. The state’s injured worker guidebook explains that the law prohibits discrimination against coworkers who testify in an injured worker’s case. So being fired for filing workers comp is not the only thing 132a covers. Demotions, cut hours, and threats can count as well.
To learn how a claim works from the start, see our article on how workers’ comp works in California.
Yes, in some situations, but never because of your claim. A workers’ comp claim does not make you impossible to fire. Your employer can still act for reasons unrelated to your injury. What it cannot do is treat you worse than other employees because you got hurt or filed a claim.
The California Supreme Court set this test in Department of Rehabilitation v. Workers’ Comp. Appeals Bd. (Lauher) (2003) 30 Cal.4th 1281. The Appeals Board quoted it in a 2026 decision. The law prohibits “treating injured employees differently, making them suffer disadvantages not visited on other employees because the employee was injured or had made a claim.”
That comparison to other employees is the heart of most cases. If your employer laid off a whole shift, injured or not, that alone points away from 132a. If you were the only one let go, or the only one written up for something others did too, that points toward it.
The Division of Workers’ Compensation adds a related point. An employer “is not always required to offer you a job or offer a job that you may want.” The same page says it is illegal to discriminate against you because you requested benefits or because you have a work-related disability.
That disability piece matters. A work injury that limits what you can do may also trigger duties under California’s Fair Employment and Housing Act (FEHA). The Civil Rights Department explains that employers with five or more employees must start an interactive process after an accommodation request. Treating you unfairly for asking may be unlawful retaliation. Our article on reasonable accommodation in California covers what your employer must do. If you cannot return to your old job, you may also have return-to-work and job displacement rights.
Discrimination under 132a is broader than a firing. The same decision can be lawful or unlawful. It depends on the reason behind it and on how your employer treated other employees.
| What happened | May violate 132a when | Often lawful when |
|---|---|---|
| You were fired | The firing followed your claim, and the stated reason does not hold up | A layoff hit your whole department, injured or not |
| Your hours were cut | Only you lost hours after reporting the injury | Everyone’s hours dropped for a documented business reason |
| You were written up | Discipline started right after your claim, for things others do without consequence | The discipline matches how the employer treats others for the same conduct |
| You were not brought back | Your employer refused modified work because of your claim | No suitable work existed, and the employer explored options in good faith |
Timing alone rarely proves a case, but it is often where one starts. If your situation does not match a row, a free case review can tell you where it lands. For more on how retaliation is proven, see what counts as retaliation under California law.
It depends on the legal basis, and this is where many injured workers get tripped up. A claim that you were punished for the workers’ comp claim itself belongs to the Workers’ Compensation Appeals Board. In Dutra v. Mercy Medical Center Mt. Shasta (2012), the Court of Appeal held that “a violation of section 132a cannot be the basis of a tort action for wrongful termination.”
A court case is still possible when the facts show disability discrimination. In City of Moorpark v. Superior Court (1998), the California Supreme Court held that “section 132a does not provide an exclusive remedy precluding FEHA and common law wrong discharge claims.” So if your injury became a disability and your employer fired you over it, or refused to accommodate it, FEHA may apply.
| 132a petition | FEHA disability claim | |
|---|---|---|
| Where it is decided | Workers’ Compensation Appeals Board | Civil Rights Department first, then court |
| What it covers | Punishment because of your claim, award, or testimony | Discrimination because of a disability, including one caused by a work injury |
| What you can recover | Compensation increased by one-half (max $10,000), up to $250 in costs, reinstatement, lost wages and work benefits | Damages decided by the court, which depend on the facts of your case |
| General deadline | 1 year from the act or firing | 3 years to file with CRD, then 1 year after a right-to-sue notice |
Many injured workers have facts that fit both paths. Choosing the right one, or pursuing both, is a strategic decision with separate deadlines. That is why our workers’ compensation attorneys and our retaliation attorneys look at these cases together.
If you were fired for filing workers comp, the main remedy at the Appeals Board comes from section 132a. A successful claim increases your compensation by one-half, capped at $10,000. You can also recover up to $250 in costs, plus reinstatement and the lost wages and work benefits the employer’s acts caused. Here is how the math works with simple numbers:
The cap is why the FEHA path often matters most. Once benefits pass $20,000, the 132a increase stops growing, while the value of a disability discrimination case depends on its own facts. These figures are examples, not predictions. For context on court cases, see our article on the average settlement for a retaliation lawsuit.
If you were also punished for reporting a hazard, a separate law may apply. See whether your employer can fire you for a safety complaint.
| Claim | General deadline | Source |
|---|---|---|
| 132a petition | 1 year from the discriminatory act or the date you were fired | DWC Guide 7 |
| FEHA complaint with CRD | 3 years from the date you were last harmed | CRD complaint process |
| FEHA lawsuit | 1 year from the date of your right-to-sue notice | CRD right-to-sue instructions |
These are general rules, not your exact deadline. Some older articles still list a shorter deadline for CRD complaints, but the CRD’s own page now says three years. Also, requesting a right-to-sue notice too early starts the one-year lawsuit clock before you are ready. Our article on the wrongful termination statute of limitations in California explains how these clocks interact.
The state itself warns that these cases are hard. The Division of Workers’ Compensation says, “Employer discrimination can be very difficult to prove.” Employers rarely admit they fired someone over a claim. Instead, they point to performance, attendance, or restructuring. Building a case usually means showing that the stated reason does not hold up.
Talk to a lawyer if you believe you were fired for filing workers comp, or if you were demoted or cut back after a work injury. The same goes if you are being pressured to resign or sign a release. If you work in Los Angeles County, our Los Angeles wrongful termination lawyers handle these cases.
At Abramson Labor Group, we represent California employees, never employers. Zev Abramson founded the firm in 2015, and we hold a 4.5-star rating across more than 1,900 Google reviews (as of September 2026). From our Burbank office, we serve clients across California in English and Spanish. Our case reviews are free and confidential, and we work on contingency.
Request your free case evaluation or call us at (213) 493-6300.
Not always. The Division of Workers’ Compensation says an employer is not always required to offer you a job. It still cannot refuse because of your claim, and FEHA may require it to consider accommodations for a work-related disability.
A real layoff that affects injured and uninjured employees alike is often lawful. Look at who was chosen. If the layoff mostly hit people with injuries or claims, or only you, that pattern can point to discrimination.
You are still protected. Section 132a covers employees who “made known” their intention to file a claim, not only those who already filed one.
Yes. Keep attending medical appointments, follow your work restrictions, and save every record. How a firing affects the specific benefits you receive depends on your claim, so ask an attorney to review it.
This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.
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