Legal Question in Workers Comp in California

The question cannot be answered unless you explain more fully how you screwed up on your job. Gernerally though an employer only needs to make a good faith effort to accommodate an injured worker, which appears to be the case here. Given that you were terminated the same day as your doctor's appointment, the employer could not have been aware of the change in your circumsances. At this point I would recommend that you apply for State Disability as you were put on light duty and the employer is unable to accommodate you. In order to file a 132a discrimination claim you will need proof that you were fired because of your comp. claim. Since you admit that you screwed up, you will have a difficult time overcoming the good faith personnel action defense.

You may file a petition for penalty under Labor Code 132 (a). However, this will not get your job back. You need to ask your doctor to certify you for disability and receive EDD benefits which can last for up to one year. If your doctor refuses chamge your doctor. You need to build up your case against your employer to receive a good settlement for permanent disabiliy, future care and etc. Feel free to call us at 213.388.7070 for a free consultation.