Being injured at work is stressful enough. But when an employer fires you shortly after reporting the injury, filing a workers’ compensation claim, or requesting medical treatment, the situation becomes overwhelming — and potentially illegal.
California has some of the strongest worker‑protection laws in the country. If you were terminated after a workplace injury, you may have a wrongful termination or retaliation claim.
This guide explains your rights, the laws that protect you, and how Infinity Law Group can help you fight back.
California Law Strongly Protects Injured Workers
Under California Labor Code §132a, it is illegal for an employer to fire, threaten, or discriminate against an employee for:
- Reporting a workplace injury
- Filing a workers’ compensation claim
- Requesting medical treatment
- Missing work due to an approved work‑related injury
- Testifying in a workers’ comp case
Employers must treat injured workers the same as any other employee. Firing someone because they exercised their legal rights is retaliation — and it carries serious penalties.
Signs You Were Wrongfully Terminated After an Injury
Not every termination is illegal. But certain patterns strongly suggest retaliation:
1. Sudden termination right after reporting the injury
Timing is one of the strongest indicators of retaliation.
2. Employer discourages you from filing a claim
Statements like “don’t file workers’ comp” or “use your own insurance” are red flags.
3. You were written up for the first time after the injury
A sudden paper trail often signals an employer building a false justification.
4. You were replaced immediately
Especially if your employer claimed they “didn’t have work for you.”
5. You were told your injury made you a liability
This is direct evidence of discrimination.
What Damages Can You Recover?
If you prove retaliation or wrongful termination, you may be entitled to:
- Lost wages
- Future lost earnings
- Job reinstatement
- Penalties up to $10,000 under Labor Code §132a
- Workers’ compensation benefits
- Attorney’s fees
- Compensation for emotional distress (in some cases)
What to Do If You Were Fired After a Workplace Injury
1. Document everything
Save emails, texts, write‑ups, and notes about conversations.
2. Request your personnel file
California Labor Code §1198.5 gives you the right to obtain it.
3. File a workers’ compensation claim
This creates a legal record of your injury.
4. Speak with a workers’ compensation or employment attorney
Retaliation cases are time‑sensitive.
5. Do not sign anything without legal advice
Severance agreements often include waivers.
Helpful Links from California Legal Experts
- Learn more about your rights after a workplace injury
- Explore your options for wrongful termination
- Understand how retaliation claims work
- Schedule a free consultation with our legal team
- California Labor Code §132a – Retaliation
- California Department of Industrial Relations (DIR) – Workers’ Compensation
- OSHA – Workplace Injury Reporting
- California Department of Public Health – Worker Safety
Frequently Asked Questions
Can my employer fire me while I’m on workers’ comp?
They can terminate you for legitimate business reasons — but not because of your injury or claim.
What if my employer says I was fired for “performance”?
If the timing is suspicious or the reasons suddenly changed, it may still be retaliation.
Do I need proof?
Direct proof helps, but retaliation is often proven through timing, patterns, and inconsistencies.
How long do I have to file a claim?
Workers’ comp retaliation claims must be filed within one year. Employment claims may have different deadlines.
Call Infinity Law Group Today
If you were fired after reporting a workplace injury, you don’t have to face this alone. Our team helps injured workers protect their rights, secure benefits, and hold employers accountable.
Contact Infinity Law Group today for a free, confidential consultation.
