Legal Question in Workers Comp in California

Re: being demoted and pay cut as a result of job injury

There are laws centered on discrimination by an employer against an employee for filing a workers compensation claim. The fact that you have been demoted and given a pay decrease, if proven to be a direct consequence of your filing of a workers compensation claim would entitle you to recover under the Labor Code provision which increases the recovery of injured workers who are subjected to discriminatory treatment. You must file this claim seperately however to bring forward these penalties against your employer for discrimination.

Also, you might have a cause of action under the ADA or American with Disabilities Act which is a body of Federal Law designed to protect workers from discrimination by employers on the basis of their disabilities.

As to the defamation as I do not know what statements the employer is making, and understand your hesitation in publishing defamatory statements being made against you on the public web. However if the employer has made statements which can be considered defamatory to third parties then you need to make a record of what has been said and when and to who. These individuals, at least one and in cases of slander generally more would be required, would have to come forward and testify for a civil action to be sustained against your employer. If you have "friendly" witnesses (and I do not mean friends in the normal sense but third parties who would be willing to testify) in this regard then taking action is a definite option for you in addition to your remedies for discrimination regarding the workers compensation claim.

But, don't quit just yet. If you quit while your employer is offerring you modified duty that a doctor is saying is ok then you will be out of a job and without any income.This could result in your life becoming very miserable due to economic stress thus making things actually worse than better. And finding another job while you are treating for a work injury with your former job will not make the job hunt easy and probably impossible. Thus, it might be better to weather it out and get as much evidence as you can while you are still there.

Then, if you aren't already represented I would suggest you find an attorney and go from there.