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Getting injured at work is stressful enough. Losing your job after reporting the injury or filing a workers’ compensation claim can make an already difficult situation even worse.
California law prohibits employers from firing or otherwise discriminating against employees because they filed, or intended to file, a workers’ compensation claim. Depending on the circumstances, employees may have protections under both California’s workers’ compensation laws and employment discrimination or retaliation laws.
If you believe you were fired for filing workers’ comp in California, understanding your rights is an important first step. Below, we explain what the law protects, the different types of claims you may be able to pursue, potential compensation, and the deadlines that may apply.
Can You Be Fired for Filing Workers Comp in California?
No. Under California Labor Code section 132a, employers cannot fire or otherwise discriminate against employees because they filed, or made known their intention to file, a workers’ compensation claim. If an employer violates this law, an employee may be entitled to a 50% increase in workers’ compensation benefits, up to $10,000, along with reinstatement and reimbursement for lost wages and work benefits. Depending on the circumstances, an employee may also have a separate claim for disability discrimination, failure to accommodate, or wrongful termination under California employment law.
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Danielle Langella is an Associate Attorney at Abramson Labor Group, where she helps California employees stand up for their rights at work. Before joining ALG, Danielle worked at Good American as a Marketing Coordinator and Assistant to the Brand Director,…
This article may apply to you if any of these sound familiar:
California law establishes a clear policy against discrimination toward employees who are injured on the job. Under Labor Code § 132a, employers cannot fire, threaten to fire, or otherwise discriminate against employees because they:
The law also protects employees who testify or make known their intention to testify in another employee’s workers’ compensation case, as explained in California’s injured worker guidebook.
Being fired for filing workers’ comp is not the only potential violation. Demotions, reduced hours, threats of termination, and other adverse treatment may also violate § 132a when motivated by protected workers’ compensation activity.
Labor Code § 132a provides remedies through the workers’ compensation system and also establishes criminal penalties for certain violations.
To learn how a claim works from the start, see our article on how workers’ comp works in California.
Yes. California employers can terminate employees who are receiving workers’ compensation benefits for legitimate, lawful reasons. However, an employer cannot fire or otherwise discriminate against an employee because they filed or intended to file a workers’ compensation claim.
For example, an employer may eliminate positions during a legitimate company-wide layoff, even if some affected employees are receiving workers’ compensation benefits. But firing an injured employee while retaining similarly situated employees, or applying disciplinary rules more harshly after a claim, may raise concerns about unlawful discrimination.
In Department of Rehabilitation v. Workers’ Comp. Appeals Bd. (Lauher) (2003) 30 Cal.4th 1281, the California Supreme Court addressed discrimination under Labor Code § 132a. The decision emphasizes the importance of whether an employee experienced unfavorable treatment because of a workplace injury or protected workers’ compensation activity. The Workers’ Compensation Appeals Board also discussed this standard in a 2026 decision.
An employer is not automatically required to hold an employee’s position open indefinitely. As the Division of Workers’ Compensation explains, employers are not always required to offer injured workers a particular job. However, employers cannot discriminate against employees because they requested workers’ compensation benefits or have a work-related disability.
A workplace injury may also qualify as a disability under California’s Fair Employment and Housing Act (FEHA).
Employers with five or more employees generally must provide reasonable accommodations to qualified employees with disabilities, unless doing so would create an undue hardship. They must also engage in a timely, good-faith interactive process when they become aware of a potential need for accommodation.
Depending on the circumstances, reasonable accommodations may include modified duties, schedule adjustments, or reassignment to an available position.
The California Civil Rights Department explains these obligations. Employees are also protected against retaliation for requesting reasonable accommodations.
For more information, see our guides to reasonable accommodation in California and return-to-work and job displacement rights.
Discrimination under 132a is broader than a termination. The same decision can be lawful or unlawful depending on the reason behind it and on how the employer treated other employees.
| What happened | May violate 132a when | May be lawful when |
|---|---|---|
| Termination | Evidence suggests you were terminated because of your workers’ compensation claim | Your position was eliminated for a legitimate business reason unrelated to your claim |
| Reduced hours | Your hours were reduced because you filed or intended to file a claim | Hours were reduced for legitimate operational reasons unrelated to protected activity |
| Discipline | Discipline began after your claim, and other employees were not disciplined for similar conduct | The employer consistently applies the same disciplinary standards |
| No return to work | The employer refused modified work because of the claim | No suitable work existed, and the employer explored options in good faith |
Timing, inconsistent explanations, and differences in how employees are treated may help establish discrimination. However, a negative employment decision occurring after a workers’ compensation claim does not automatically prove retaliation.
If your employer fired you, reduced your hours, or refused to return you to work after an injury, an employment attorney can help evaluate whether the circumstances support a separate employment-law claim.
Yes, in some circumstances. However, where you file your claim depends on the legal basis for your case.
If your employer fired you because you filed or intended to file a workers’ compensation claim, you may have a claim under Labor Code § 132a. These claims generally proceed before the Workers’ Compensation Appeals Board (WCAB), rather than through a traditional civil lawsuit.
In Dutra v. Mercy Medical Center Mt. Shasta (2012), the California Court of Appeal held that a violation of § 132a cannot, by itself, serve as the basis for a civil wrongful termination claim.
However, workers’ compensation laws do not eliminate an employee’s separate rights under California employment law.
In City of Moorpark v. Superior Court (1998), the California Supreme Court recognized that Labor Code § 132a does not necessarily prevent employees from pursuing independent disability discrimination or wrongful termination claims.
For example, if a workplace injury qualifies as a disability under California’s Fair Employment and Housing Act (FEHA), an employee may have a separate claim if their employer fires them because of that disability, refuses a required reasonable accommodation, or otherwise violates their protected rights.
Many injured workers have facts that fit both paths. Whether to pursue one or 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 a workers’ compensation claim in California, Labor Code § 132a provides specific remedies for unlawful discrimination.
A successful claim may entitle you to a 50% increase in workers’ compensation benefits, capped at $10,000, along with up to $250 in costs, reinstatement, and reimbursement for lost wages and work benefits caused by your employer’s unlawful actions.
The $10,000 limit applies to the additional benefit increase, not necessarily to every remedy available under § 132a.
Although § 132a limits the additional workers’ compensation benefit to $10,000, an employee with an independent claim under California’s Fair Employment and Housing Act (FEHA) may be entitled to different remedies.
Depending on the circumstances, a successful disability discrimination or wrongful termination case may involve lost wages, emotional distress damages, and other available relief.
However, a workers’ compensation claim does not automatically establish a FEHA violation. The employee must meet the legal requirements for a separate employment-law claim. 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.
Different claims have different filing deadlines. A 132a petition generally must be filed with the Workers’ Compensation Appeals Board within one year of the discriminatory act or the date of termination (Labor Code § 132a; DWC Guide 7). For many disability discrimination claims under FEHA, an employee generally has three years from the alleged unlawful employment practice to begin the filing process with the California Civil Rights Department, and generally one year from the date of the right-to-sue notice to file a lawsuit.
These periods do not apply to every claim. Do not assume one deadline applies to every case. An employment attorney can evaluate which deadlines apply to your situation. Our article on the wrongful termination statute of limitations in California explains how these deadlines can interact.
Proving that an employer fired you because of a workers’ compensation claim can be challenging. As the California Division of Workers’ Compensation explains, “Employer discrimination can be very difficult to prove.”
Employers may cite performance issues, attendance problems, or business restructuring as reasons for termination. An attorney can examine whether those explanations are supported by the evidence or whether the circumstances suggest unlawful discrimination or retaliation.
Consider speaking with an attorney if you were fired, demoted, had your hours reduced, or were pressured to resign after reporting a workplace injury or filing a workers’ compensation claim. Legal guidance is also important before signing a severance agreement or release of claims.
Depending on your circumstances, you may need a workers’ compensation attorney for a Labor Code § 132a petition, an employment attorney for a separate disability discrimination or wrongful termination claim, or both. If you work in Los Angeles County, our Los Angeles wrongful termination lawyers handle these cases.
If you believe your employer violated your employment rights, our attorneys can help evaluate whether you have grounds for an employment-law claim. Request your free case evaluation, contact us, or call us at (213) 493-6300.
Not necessarily. California law does not automatically require employers to hold a position open indefinitely while an employee receives workers’ compensation benefits. As the Division of Workers’ Compensation explains, employers are not always required to offer an injured employee a job.
However, employers cannot refuse to return an employee to work because they filed a workers’ compensation claim. Depending on the circumstances, California’s Fair Employment and Housing Act (FEHA) may also require reasonable accommodations, an interactive process, or consideration for reassignment to an available position.
A legitimate layoff may be lawful even if it affects employees receiving workers’ compensation benefits. However, employers cannot use a layoff as a pretext for unlawful discrimination.
If employees with workplace injuries or workers’ compensation claims were disproportionately selected for termination, or if your employer treated similarly situated employees differently, those circumstances may warrant further investigation.
You may still be protected. California Labor Code § 132a protects employees who have made known their intention to file a workers’ compensation claim, even if they have not yet filed one.
An employer cannot lawfully fire or otherwise discriminate against you because you communicated that intention.
Yes. Being fired does not automatically end your right to workers’ compensation benefits.
Continue attending necessary medical appointments, follow your healthcare provider’s restrictions, and preserve relevant medical and employment records.
Depending on your circumstances, you may remain eligible for medical treatment and other workers’ compensation benefits. However, termination can affect certain wage-replacement benefits, so a workers’ compensation attorney can help determine how your specific claim may be affected.
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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