Legal Question in Workers Comp in California

Re: Hurt and terminated

You better look for a different workers comp. attorney. Labor Code section 132a prohibits termination based soley on being injured at work. Your workers comp. attorney needs to file a 132a Petition with the Workers Compensation Appeals Board on your behalf for their wrongful termination of you based upon your industrial injury. Without more facts to go on, it would appear that you have a remedy in the workers compensation system.

Re: Hurt and terminated

YOur remedy is not limited to the workers comp arena -- you likely also have a civil case for wrongful termination. 132a is not limited to the workers comp. arena -- it is a violation of CA public policy to fire you in retaliation for filing a workers compensation claim -- you may also have other rights under the California Family Rights Act which allows you to take time off for illness, as well. Feel free to call me at 415-522-5200 or write to my private email if you have further questions. Good luck.

Re: Hurt and terminated

I agree with Mr. Fernandez, your attorney should file a 132(a) petition. Please note, it has to be filed within one year. so if you are going to change attorneys, you should do so immediately. Civil claims are very expensive and take some time to resolve, but you do have a remedy in the civil courts and you might want to consult with an attorney who practices labor law.