Your Rights Under California Labor Code Section 132a: Protecting Injured Workers from Discrimination

If you’ve been injured at work and feel your employer is treating you unfairly because of it, California law may protect you. Under California Labor Code Section 132a, it is illegal for employers to discriminate, retaliate, or otherwise take adverse action against workers who are injured on the job and file for workers’ compensation benefits.

Here’s what you need to know about your rights and how to take action if your employer violates them:

What Does California Labor Code Section 132a Protect? Section 132a of the California Labor Code specifically states:

“It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment.”

This law makes it illegal for your employer to:

1. Fire you, demote you, or refuse to rehire you because of a workplace injury or your decision to file a workers’ compensation claim.

2. Harass or retaliate against you for seeking the benefits you’re entitled to after an injury.

3. Offer less favorable terms of employment to injured workers compared to others.

What Are the Penalties for Employers?

If your employer violates Section 132a, they can face serious consequences, including:

• Reinstatement: If you were fired, your employer may be ordered to give you your job back.

• Compensation: Employers may be required to pay up to $10,000 in penalties to you, in addition to covering lost wages and work benefits.

• Criminal Penalties: Employers may also face misdemeanor charges for violating these protections.

Key Deadlines: Don’t Miss Your Opportunity to Take Action

If you believe your employer has violated your rights under Section 132a, you must act quickly:

• You have one year from the date of the discriminatory action to file a petition with the Workers’ Compensation Appeals Board (WCAB).

• Claims under Section 132a are handled through the workers’ compensation system, not in civil court.

Examples of Employer Misconduct

Here are some situations where Section 132a may apply:

• You are terminated shortly after filing a workers’ compensation claim.

• Your employer refuses to accommodate your return to work with restrictions, even though your doctor has cleared you for light duty.

• You’re harassed or treated differently because of your workplace injury or time off to recover.

• You’re passed over for a promotion or demoted after an injury.

If any of these sound familiar, you may have a claim under Section 132a.

Why You Need Legal Representation

Employers often have legal teams to defend their actions, and navigating a Section 132a claim can be complex. Hiring an attorney experienced in employment law and workers’ compensation is critical to ensuring your rights are protected.

At WorkRight Law, we specialize in holding employers accountable when they violate the rights of injured workers. Our experienced team has successfully represented employees in discrimination, harassment, retaliation, and wrongful termination cases throughout California.

Contact Us for a free consultation. Let us fight for your rights so you can focus on your recovery.

Take action now to protect your future! Don’t let your employer get away with unlawful treatment. Contact WorkRight Law today.