Can I Be Fired for Filing a Workers’ Comp Claim in California?

Short answer: No—but don’t expect your employer to play fair just because the law says so.

If you’ve been injured at work and suddenly find yourself demoted, iced out, or mysteriously “laid off,” you’re not imagining things. Retaliation is illegal in California—but it’s also common, often subtle, and usually dressed up as something else (“budget cuts,” “restructuring,” “performance issues”). So let’s talk about what’s actually happening—and how to fight back.

1. The Laws That Supposedly Protect You (And What They’re Actually Good For)

These laws overlap—on purpose. Sacramento wants to make it expensive to punish injured workers. The problem? Knowing your rights doesn’t stop your employer from trying anyway.

2. What Retaliation Actually Looks Like

Employers rarely say, “We’re firing you because of your comp claim.” Instead, it comes in sideways. Look out for:

• Termination or layoff right after you file your claim.

• “Job elimination” or sudden demotion (with a smile).

• Schedule cuts or pay drops that make the job financially unlivable.

• Snide comments: “You’re not as reliable now” or “Team players don’t sue the company.”

• Write-ups or PIPs that materialize out of thin air—after years of no issues.

• The doctor clears you for light duty... but suddenly, no light duty is available.

Timing matters. If things went downhill right after your claim, that’s evidence. Courts call it “temporal proximity.” I call it fishy.

3. Your Playbook: Step-by-Step When Retaliation Hits

✅ Document Everything

Save the injury report, DWC-1, emails, texts—anything showing your boss’s reaction. Track your pay stubs and schedule before vs. after the claim.

✅ Optional: Internal Complaint

File a written complaint with HR or your union. Get confirmation. Even if it doesn’t help, it forces them to put their cards on the table.

✅ Mandatory: File a §132a Petition

You’ve got one year from the retaliatory act. File it with the WCAB—the same court as your workers’ comp case.

✅ Optional: DLSE Retaliation Complaint

Labor Commissioner handles this for free. Same one-year deadline. If you’re not ready to sue, this can shake the tree.

✅ Talk to a Lawyer

Combining a §132a petition with a civil wrongful termination suit increases your leverage—and potential payout.

🚫 Stay Off Social Media

Defense lawyers love screenshots. Don’t give them free ammo. Save the venting for your attorney.

4. What You Can Actually Recover (When It’s Done Right)

5. Common Questions, Blunt Answers

Q: My boss says I’m an “independent contractor.” Do I have rights?
Probably. California’s ABC test classifies most people as employees—even gig workers. Don’t take your boss’s word for it. Get a legal read.

Q: They offered me cash to walk away. Should I take it?
That’s illegal. Say no, document it, and talk to a lawyer. That offer might be your golden ticket to a bigger retaliation case.

Q: Can I still see my comp doctor during all this?
Yes. Your medical treatment continues. Retaliation doesn’t freeze your underlying comp claim.

6. When to Lawyer Up

Retaliation moves fast. So should you. At Workers’ Compensation Law Group in Downey, we:

• File §132a petitions and retaliation complaints on time, every time.

• Subpoena personnel records before they mysteriously disappear.

• Negotiate bundled settlements (comp + retaliation + penalties).

• Charge nothing upfront—our fee comes from what we win for you.

📞 (562) 608-8870 | ✉️ info@wclgdowney.com

Bottom Line

Filing a comp claim is your legal right. If your boss punishes you for it, you don’t just have recourse—you’ve got leverage. But time matters. So does evidence. So does strategy. If it smells like retaliation, it probably is. Act accordingly.