It is understandable to have a fear of losing your job over filing a claim. Many employees think that filing a workers comp case is a direct suit against their employer. In a way it is and it isn't.
Every employer is required to maintain liability insurance for workers compensation claims. That means that your boss pays his insurance a premium just in case you get hurt on the job. The insurance company is actually the company who fights against your claim and who you will be dealing with , they represent your employer.
If you file a claim it does not give your employer the right to automatically terminate you. If they do so just because you filed a claim you may have another legal action against them called a Wrongful Termination, under California's Labor Code Section 132A which states..
132a. 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. (1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
If you've been hurt on the job contact a lawyer as soon as possible.
Andria Holt is a J.D. graduate of Pacific Coast University School of Law who has been employed in the California Workers' Compensation Field since 2008.
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