Retaliation for Filing Workers' Comp in California
Whether an employer in California can fire or punish you for filing a workers' comp claim, and what you can do.
Short answer: It is illegal for an employer to punish or fire you for having a job injury or for filing a workers' compensation claim when you believe the injury was caused by your job, and illegal to punish or fire co-workers who testify in your case. Cal. Labor Code § 132a; DWC Guidebook for Injured Workers, Chapter 2
| Retaliation for filing | It is illegal for an employer to punish or fire you for having a job injury or for filing a workers' compensation claim when you believe the injury was caused by your job, and illegal to punish or fire co-workers who testify in your case. Deadlines apply to taking action. |
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| Appealing a denial | If your claim is denied or you disagree with a decision, there are deadlines for filing papers, so act quickly. Disputes are decided by workers' compensation judges at the Workers' Compensation Appeals Board (WCAB); an Information & Assistance officer can help you request a hearing (an Application for Adjudication of Claim starts a case). If you disagree with a judge's decision, you can request reconsideration by the seven-member Appeals Board. Disputes over denied medical treatment go through utilization review and independent medical review (IMR). |
Where to get help in California
More California workers' compensation
- Filing a Workers' Comp Claim in California
- How Much Workers' Comp Pays in California
- Workers' Comp Settlements in California
- Suing Over a Work Injury in California
- Appealing a Denied Workers' Comp Claim in California
- All California workers' compensation rules
FAQ
Can you be fired for filing workers' comp in California?
It is illegal for an employer to punish or fire you for having a job injury or for filing a workers' compensation claim when you believe the injury was caused by your job, and illegal to punish or fire co-workers who testify in your case. Deadlines apply to taking action.
How do you appeal a denied workers' comp claim in California?
If your claim is denied or you disagree with a decision, there are deadlines for filing papers, so act quickly. Disputes are decided by workers' compensation judges at the Workers' Compensation Appeals Board (WCAB); an Information & Assistance officer can help you request a hearing (an Application for Adjudication of Claim starts a case). If you disagree with a judge's decision, you can request reconsideration by the seven-member Appeals Board. Disputes over denied medical treatment go through utilization review and independent medical review (IMR).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.