Legal Question in Workers Comp in California

There is a "Petition for Increased Benefits under Labor Code 132(a)", where you assert the ONLY reason you were laid-off was as retaliation/punishment for asking for workers comp benefits.

Problem is always proof. A lot of comp attorneys won't even file these, they takes months and months at trial while the employer parades witness after witness how you were laid off for business slowing down and financial problems and they are soooooo sweet and nice to all injured workers.

So I advise: until and unless you have a friend in management -- retired perhaps? -- willing to 'Rat Out' the company and 'confess' management fires people just for getting hurt at work, I wouldn't expect to recover anything in a 132a Action.

132a violations result in the worker being re-instated to the pre-injury job, back wages for all the dates the physician wrote that worker could work at ALL the pre-injury duties (you MUST be fully released, no restrictions) plus a 50% increase in permanent disability (with some limits).

So you can see an employer would bring a great number of witnesses with many heartfelt explanations to declare their innocence rather than let a judge order such penalties.

I've tried a few of these and just one went all the way to conclusion and the employer still refused to take the worker back, instead came up with six-figures to settle.

While you have a recollection of the employer asking whether you can close a clain sooner, that alone would not be enough evidence to show they were 'getting even' with you by laying you off.

FILE FOR UNEMPLOYMENT INSURANCE at www.edd.ca.gov if you haven't already. The employer pays for THAT.