Legal Question in Employment Law in California

can I be fired from my primary "daytime job" full time employment from an injury sustained at my second job "night job"

can I claim workmans comp?

can I collect unemployment from losing primary job because of missing work from injury?


Asked on 11/13/09, 9:31 pm

1 Answer from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Generally, it's unlawful to terminate an employee because of his disability or serious medical condition for most qualifying employers, regardless of where and how you are injured as that would be disability discrimination, among other violations.

You can file a claim for workers comp with the employer where you got injured, but if they don't have workers comp insurance coverage, you won't be able to get the workers comp benefits, but you might have an option to bring a claim against the subject employer for your injuries in negligence (as you would in a typical car accident).

You can collect either unemployment or disability benefits if you are unable to work because of your injury. You should consult with your local EDD (employment development department) to find out more details.

Thanks, and feel free to follow up.

Arkady Itkin

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Answered on 11/18/09, 10:27 pm


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