Getting injured on the job can cause a lot of stress and anxiety. While your employer may cover your medical expenses and a part of your salary, you may feel worried if you will still have a job to return to.
Generally, your employer cannot lay you off because you filed a workers compensation claim. However, your employer is not required to keep your job open for you. There is no law that requires them to do so. Your employee can lay you off due to a variety of reasons. For example, it can be because of poor work performance, financial issues, company structuring, and other reasons not related to your injury.
As I stated above, it is illegal for your employer to fire you because of an injury or because you filed a worker’s compensation claim. California law states that there shouldn’t be any discrimination against workers who are injured in the course of their employment. This means that you are protected from unlawful retaliation.
If your employer terminates your employment and you suspect that it may be unlawful retaliation, it is a must that you consult an experienced worker’s compensation lawyer. This is to make sure that you know your options and that your legal rights are protected.