Wrongful Termination For Work Injuries In Modesto And Surrounding Communities
If you get injured on the job, you are supposed to be able to seek workers’ compensation benefits. These can cover a portion of your lost wages, along with the medical bills from the injury. Workers’ comp is basically a no-fault system, so it typically does not matter if you were responsible for the accident or not. If you were on the clock and you got hurt while performing the duties of your employment, you should be able to seek benefits. Your employers should have workers’ comp insurance.
Unfortunately, what sometimes happens is that companies do not want to pay workers’ comp benefits. To get around it, they simply terminate the injured employee when they file the workers’ comp claim.
At The Law Office of Gary C. Nelson, we understand exactly how frustrating this can be for workers, and we have over 30 years of experience protecting their rights. If you are in this position, rest assured that firing you over a workers’ comp claim is illegal and an example of wrongful termination. We offer legal guidance to workers in Modesto, California, and beyond, so we can help you consider all of your options. We will fight for your rights and the compensation you deserve.
What Wrongful Termination Means Under California Law
In California, wrongful termination is the act of an employer firing an employee for an illegal reason, such as due to their protected class or for reporting illegal workplace behavior. Wrongful termination can also involve firing employees in a retaliatory manner, such as them reporting a workplace injury.
Signs You Were Wrongfully Terminated For Reporting An Injury
Here are a few you may want to watch for:
- You were fired quickly after reporting your injury
- Your employer did not give you a clear reason for why they fired you
- You received hostile or demeaning comments from your employer after you reported the injury
- You see other employees facing similar treatment after they report an injury
If you believe you were wrongfully terminated for reporting your injury, you can discuss your experiences more with our lawyers at The Law Office of Gary C. Nelson.
What Legal Remedies Are Available For Wrongful Termination?
In California, you can receive the following remedies for reporting wrongful termination:
- Job reinstatement
- Back pay
- Monetary damages
- Damages related to emotional distress
- Punitive damages
- Coverage for attorneys’ fees and court costs
What your remedies look like can depend on the specifics of your situation.
How Workers’ Compensation And Wrongful Termination Can Overlap
Workers’ compensation and wrongful termination can overlap when an employer terminates an employee after they report a workplace injury. Both California and federal law protect employees from facing termination for reporting their workplace injury to their employer.
A Serious And Willful Claim
Under California law, you may have a “serious and willful claim” revolving around your injury. This happens when there is a preexisting condition on the job site that is known to be dangerous. The employer has been informed about the risk to workers, but has been negligent or has refused to rectify the issue.
If your employer’s negligence directly led to your injury, it is a very serious legal issue. Employers are supposed to take reasonable steps to keep workers safe, even when there are inherent dangers to the job. Employers may attempt to protect themselves by wrongfully terminating injured workers.
California Wrongful Termination Workers’ Comp FAQs
These are ones the firm tends to hear often:
Can my employer fire me for filing a workers’ comp claim in California?
No, your employer cannot fire you for filing a workers’ comp claim in California. While California is an at-will employment state, firing someone for reporting a workplace injury is considered a form of wrongful termination under both federal and state law.
How do I know if I was wrongfully terminated?
You can tell if you were wrongfully terminated if:
- You are let go immediately after reporting an injury
- You face retaliatory treatment after reporting an injury or suspicious behavior in your workplace
- You see others facing similar treatment for reporting their injuries
- You experience hostility or other forms of workplace mistreatment after reporting your injury
If you believe you were wrongfully terminated, gather all relevant documentation, record incidents as they occur and contact an experienced employment/workers’ compensation lawyer to help you fight back.
What damages can I recover in a wrongful termination case?
Depending on your situation, some of the damages you can recover include:
- Punitive damages
- Emotional damages
- Monetary damages
The types of damages you wish to pursue can all depend on the specifics of your situation.
How long do I have to file a wrongful termination claim in California?
In California, how long you have to file a wrongful termination claim can depend on the specifics of your claim. Deadlines can range anywhere from 180 days to four years. However, the statute of limitations in most wrongful termination cases is around two years.
Set Up A Free Consultation With Our California Worker Protection Lawyers
If you have been injured or wrongfully terminated, the fastest way to learn about your legal options is to set up a completely free consultation with our office. Just use the contact form or call 209-222-4089 today to get started.