Fired After a Workers' Compensation Claim in California
By Aidin Ghavimi, Managing Attorney ·
Fired after a California workers' compensation claim? Labor Code 132a, the one-year Appeals Board deadline, and the separate FEHA and wrongful termination claims.
Employment Law
6 min read
Short answer: A California employer may not fire or punish you because you filed a workers' compensation claim, said you would file one, or received a rating, award, or settlement. That claim goes to the Workers' Compensation Appeals Board under Labor Code 132a, and the petition is due within one year. A disability or wrongful termination case can proceed in a different forum and is not capped the same way.
What to do after the firing
- Write down the date of the injury, the date you reported it, and the date you were fired or threatened.
- Keep the claim form, work status reports, and the reason the employer gave for the firing.
- Do not assume the workers' compensation case and the firing case are the same case. Calendar both.
- If you were offered a severance release, do not sign it until it is reviewed. See severance agreement review.
- If you have work restrictions, ask in writing for an accommodation. See the interactive-process page.
Three claims that can run together
| Claim | Forum | What it can include | Ordinary deadline |
|---|---|---|---|
| Labor Code 132a | Workers' Compensation Appeals Board | Compensation increased by one-half, up to $10,000, costs and expenses up to $250, plus reinstatement and lost wages and benefits. The $10,000 cap is on the increase, not on the lost wages. | One year from the discriminatory act or the termination. |
| FEHA disability discrimination or retaliation | Civil Rights Department, then court | A work injury can be a physical disability. Firing you because of the injury, or refusing to discuss restrictions, is a separate claim. Emotional distress can be part of the harm. | Generally three years to file with the Civil Rights Department. |
| Wrongful termination in violation of public policy | Superior court | A firing for exercising a right protected by fundamental public policy, including a workers' compensation claim. | Generally two years. |
What Labor Code 132a covers
The statute states California’s policy that workers injured in the course of employment should not be discriminated against. An employer that discharges, threatens to discharge, or otherwise discriminates because the employee filed a claim, made known an intention to file, or received a rating, award, or settlement faces that liability. The petition is filed with the Appeals Board. The Board does not try the misdemeanor side of the statute. A lawyer should coordinate the petition with any civil case so one filing does not undercut the other.
A firing for a reason that really is independent of the claim can still be lawful. The timing, the stated reason, and whether other injured workers were treated the same way are the usual proof. Being told to stay quiet about the injury, or being offered a release within days of the claim, belongs in the timeline.
The FEHA case is not the same as the 132a petition
FEHA applies to employers with five or more employees and defines disability more broadly than people expect. A condition that makes working difficult can qualify. The employer must consider a reasonable accommodation and must talk with you about it. Our disability discrimination page is about being treated worse because of a disability. The 132a remedy is real and limited. The FEHA claim, when the facts support it, is how lost pay beyond that cap and emotional distress are usually addressed. Prior results do not guarantee a similar outcome.
Workers compensation is often the only remedy for the injury itself. It is not the only remedy for a firing or for disability discrimination. Use the deadline checker for the FEHA and wrongful termination dates, and do not miss the one-year 132a date while you wait.
Checklist
- The DWC-1 claim form or the email that said you would file.
- Work status reports and the restrictions your doctor wrote.
- The termination document and any severance draft.
- Names of coworkers who were hurt and kept their jobs, if you know them.
- Pay stubs from before the injury and the final paycheck. The final paycheck calculator covers a late final check.
Questions people ask
Can my employer fire me for filing a workers' compensation claim?
No. Labor Code 132a prohibits discharge or other discrimination because you filed a claim, said you would file, or received a rating, award, or settlement. A firing for a separate, documented reason can still be lawful.
What does a Labor Code 132a case pay?
The Workers' Compensation Appeals Board can increase compensation by one-half, up to $10,000, plus costs and expenses up to $250, and order reinstatement and lost wages. A FEHA or wrongful termination case, if you have one, is separate.
How long do I have to file?
A 132a petition is due within one year of the discriminatory act or the termination, and it is filed with the Workers' Compensation Appeals Board. A FEHA complaint is generally due within three years. These clocks run separately.
Is a work injury a disability?
It can be. Under FEHA, a condition qualifies if it limits a major life activity, including working. Your employer may have to accommodate restrictions and discuss them with you. Firing you for those restrictions can be a separate claim.
Should I take the severance offered after the claim?
Do not sign on the spot. The payment is usually exchanged for a release. You may be giving up a FEHA or wrongful termination claim. Have a lawyer read the release before the deadline.
Talk with Starpoint Law. Call 310-424-9971 or contact us online for a free consultation. Offices in Century City and Sherman Oaks. We represent people in California only. The case is handled on contingency. If we do not win, you owe Starpoint Law nothing: no attorney fee and no case costs. This page is general information, not legal advice.
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