Employers have a legal obligation to protect workers from retaliation when they file for workers’ compensation. But does this protection extend to hiring a workers’ comp attorney? Knowing your rights is crucial if you’re navigating a workplace injury claim.
Understanding workers’ compensation laws
Workers’ compensation laws exist to ensure employees receive medical care and financial support after a workplace injury. These laws protect workers from losing their jobs simply for filing a claim. However, some workers worry about retaliation if they hire an attorney to assist with the process.
Protection against retaliation
Retaliation, such as termination or workplace discrimination, is illegal in California when it stems from an employee’s decision to file a workers’ compensation claim or hire legal representation. Under California Labor Code Section 132a, employers cannot punish workers for exercising their legal rights. This includes consulting with or hiring an attorney to handle their claim.
Why hiring an attorney is beneficial
Hiring a workers’ comp attorney can provide several advantages. Attorneys can help workers navigate the claims process, handle disputes with insurance companies, and ensure workers receive fair compensation. An attorney’s involvement can also discourage employers from taking any retaliatory actions, as legal representation signals that the employee is prepared to protect their rights.
Steps to take if you face retaliation
If an employer retaliates after an employee hires a workers’ comp attorney, legal action may be necessary. In California, workers can file a retaliation claim under California Labor Code Section 132a or seek assistance from the California Department of Industrial Relations. Consulting with an attorney about additional legal steps can further protect an employee’s rights. Maintaining documentation of any retaliatory actions, such as written warnings or demotions, can strengthen a case.
Workers injured on the job have the right to seek compensation and legal assistance without fear of retaliation. Understanding your protections under workers’ compensation laws ensures that you can focus on your recovery while protecting your career.