Labor Code Section 132a in a Workers’ Compensation Case
California Labor Code Section 132a makes it illegal for an employer to discriminate, retaliate, or fire an employee for filing a workers’ compensation claim or for being injured on the job. This section exists to protect injured workers from unfair treatment and ensure they are not punished for exercising their legal right to seek benefits.
What Protections Does Labor Code §132a Provide?
Under Labor Code §132a, an employer may not:
- Fire or threaten to fire an employee for filing a claim
- Reduce hours, demote, or cut pay due to a work injury
- Refuse to rehire an employee who is able to return to work
- Treat an injured worker differently than other employees in similar roles
The law also protects workers who testify or intend to testify in another employee’s workers’ compensation case.
What Happens If an Employer Violates Section 132a?
If an employer is found to have violated §132a, the injured worker may be entitled to:
- An increase of up to $10,000 in compensation
- Reimbursement for lost wages and benefits
- Job reinstatement if they were wrongfully terminated
- Possible referral to the District Attorney’s office for Prosecution
These penalties are in addition to the standard workers’ compensation benefits.
How to File a Labor Code §132a Claim
To pursue a claim under Labor Code §132a, the injured worker must:
- File a separate petition along with their workers’ compensation case.
- Submit the petition to the Workers’ Compensation Appeals Board (WCAB).
- Provide evidence of discriminatory or retaliatory action linked to the workers’ compensation claim or injury.
It is important to act quickly. A Labor Code §132a petition must generally be filed within one year of the discriminatory action.
Is Proving a §132a Violation Difficult?
These claims can be challenging to prove. The worker must show that the employer’s actions were directly related to the injury or claim—not due to unrelated business reasons or performance issues. Having documentation, witness testimony, or a clear timeline of events can help support the case.
Get Help With a Labor Code §132a Claim
If you believe your employer retaliated against you for filing a workers’ compensation claim, you do not have to handle it alone. The Law Offices of Norman J. Homen can help you understand your rights under California Labor Code Section 132a and fight for fair treatment. Contact us today for a free consultation.
