Can I Be Fired If I Apply For Workers' Compensation In California?

Some workers put off reporting work injuries because they are afraid that they'll be fired. In reality, filing a workers' comp claim may be the best way to protect your job and your health.

At the Law Offices of William W. Green & Associates in Anaheim, our lawyers are here to protect your interests if you have been injured on the job or suffer from an occupational illness. Call 714-464-6903 for a free lawyer consultation.

My Employer Asked Me Not To Apply For Workers' Comp. What Should I Do?

Your health should be your primary concern. If you fail to get medical treatment for a work-related injury or illness, your condition could get worse. Eventually you may be unable to work. If your employer fires you, your situation could go from bad to worse:

  • You may not be eligible for workers' compensation, since you failed to report the work-related injury or illness initially.
  • You may be unable to afford the medical treatment you need to get better.

I'm Afraid My Employer Might Terminate Me. What Can I Do?

California is an employment-at-will state. This means that unless you have an employment contract that states otherwise, your employer can fire you at any time and for almost any reason. However, your employer cannot fire you for an illegal reason. It is illegal for your employer to fire you in retaliation for filing a workers' compensation claim.

If we can prove that your job termination was in retaliation for filing a workers' compensation claim, we can seek compensation from your employer for wrongful termination. Even if we cannot prove retaliation, you could continue receiving workers' compensation benefits such as medical care and disability income until you are well enough to work again.

For More Information About Filing For Workers' Compensation

To get answers to your questions about filing for workers' compensation, call 714-464-6903 or fill out our simple contact form to talk to an attorney at our Orange County law firm. We never charge for consultations, and there is no obligation.