Job Related Injury California Workers’ Compensation Discrimination Claims [2022]

Whether or Not To Report A Work Related Injury

One of the biggest questions an injured worker asked themselves is whether to report an injury.  You might be reading this blog article wondering whether to report an injury to your employer and file a workers' compensation claim with their employer's insurance company. Sometimes an employer discriminates against an employee for reporting and filing a Workers' Compensation claim. This is a major concern for many injured workers requesting help or advice regarding their work related injury.

Always Consult with A Workers' Compensation Lawyer With Concerns

If this is your concern, then you should dial 866-NAPOLIN for legal advice. In this article you'll find info about Job Related Injury California Workers' Compensation Discrimination Claims. If you are concerned about what you could miss out on, read up on workers comp benefits explained.

Failure to Report For Fear of Retaliation

Sometimes the injured employee has not yet reported their injury. In such cases, the main topic of conversation isn't whether the injured employee has a claim. Rather, the issue is whether the injured employee should report their work related injury. Usually the employee is expressing fear that if they report it, their employer will discriminate against them by terminating their employment altogether. In these conversations, a good California Workers' Compensation attorney will evaluate the worker's circumstances and give advice based upon the situation. Some questions the injured worker should ask themselves include: How injured am I? How important is this job to me? What are the probabilities of actual discrimination? Is there other insurance to cover a minor injury?

Always Report Work-Related Injuries Or Risk Losing Your Benefits

In all events, I encourage the injured worker to make a report and file a claim immediately. Even if the prospective client never retains my services.  Why? Because not reporting an injury and filing a claim could have several adverse effects. For example, the injury could become much worse and the injured worker may want to assert a claim later. In such an event, failing to report could severely impair the value of the claim. In addition, failing to report an injury, filing a Workers' Compensation claim or telling the employer that the injured worker intends to file a Workers' Compensation claim, means the injured person will not be protected by the discrimination section of the California Labor Code.

Labor Code 132(a) Penalizes Employers Who Discriminate

The California Labor Code Section 132a(1) states: “Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000.00!), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.”

Reporting Grants the Employee Legal Protections Against Retaliation

By reporting an injury and filing a workers' compensation claim, the injured workers grant themselves the protection of Labor Code Section 132a regardless of how serious the injury may be. While this protection in no way ensures that the employer won't discriminate against the worker, it does deter them from doing so. And, if the injured worker believes the employee will discriminate against them regardless of this protection, the injured workers should ask themselves if it's worth working for an employer who has such a mentality.