Legal Question in Workers Comp in California

Yes, if the fact that you are claiming a WC injury is not part of the reason for the layoff. If the claim has been denied, then you would not be protected until you establish that you did suffer the injury you allege. If the lay off is based upon seniority, all the time you were off work with a WC injury must be treated as though you were at work and it can not be held against you that you were absent from work.