Labor Code 132a Protection for Injured Workers Against Employer Discrimination or Retaliation
In California, it is illegal for an employer to discriminate or retaliate against an employee for sustaining an industrial injury or filing a workers’ compensation claim. Specifically, Labor Code 132a provides protection to injured workers against discrimination or retaliation from an employer. An employer cannot discriminate or retaliate against an employee for sustaining an industrial injury or filing a WC claim. If an employer is found liable for discrimination or retaliation in an LC 132a protection claim, the injured worker is entitled to additional benefits, like recovery of lost wages and a 50% increase in workers’ compensation benefits. This is because an LC 132a claim is a special type of secondary claim that can be filed and adjudicated before the work comp court or in civil court because these claims are subject to a higher, more difficult civil law burden of proof. The employer must be found to have ‘malicious intent,’ meaning the employee must prove the employer caused the employee to suffer some detrimental consequences and singled out the employee for disadvantageous treatment because of the injury.
Contact a Nyman Turkish California Workers’ Compensation Attorney Today
Our experienced team of California worker’s compensation attorneys is ready to help you. If you have sustained an injury at work and have suffered detrimental consequences from your employer as a result of the injury, contact us for more information about filing Workers’ Compensation and LC 132a protection claims.