Getting hurt at work can cause a lot of stress about money and your job. Many workers in California worry that filing a workers’ compensation claim will get them fired. The truth is that while California law provides strong protections, it does not make your job fully permanent.
How California law protects you
California law makes it illegal for an employer to fire or punish you because you filed a claim or even just because you said you intended to file one. The law considers this a serious violation.
If an employer retaliates against you, they can face a misdemeanor charge. The law may also give you:
- A 50% increase in your workers’ comp benefits (capped at $10,000)
- Your job back (reinstatement)
- Payment for any wages you lost
Under a new law, California now uses a 90-day presumption. This means if an employer fires or punishes you within 90 days of reporting your injury, the law assumes the employer is retaliating. Then the employer must prove they had a different, legal reason for the action.
When termination is still legal
An employer does not have to keep a job open forever. Two main reasons may still allow an employer to fire you legally:
- Inability to perform: If you cannot perform your essential job duties even with help or changes to your workspace (called reasonable accommodations), an employer may eventually have legal grounds to let you go. However, they must first talk with you to see if they can make the job work.
- General business reasons: You can still be part of a company-wide layoff or be fired for breaking company rules, as long as the reason has nothing to do with your injury.
These situations often depend on documentation and timing. Workers should keep records of medical updates and employer communications.
Why details matter
Laws about work and injuries can be very confusing. Small details—like the exact date an employer fired you—can change everything. Speaking with a lawyer often helps you understand your rights before making big decisions.