Legal Question in Workers Comp in California

Re: returning to work

NO, absolutely not. You have 2 possible claims arising out of this single act. The first is called a 132a. Your employer has violated Labor Code Section 132a, which basically says if they discriminate against you (treat you differently) because you have filed or have an intention to file a claim they can be penalized up to $10,000. Your permanent disabilility can be increased 50%. You will also have to be reinstated if you prevail in court.

You also have a potential civil claim under FEHA. This would be a claim for Employment Discrimination against the disabled.

By all means you should consult your attorney if you have one. There are strict time limits in filing these claims, so do not hesitate. I am in the Los Angeles area, but would be happy to assist you. You can call or email me directly for any free consultations you may need.

The insurance company will never advise you of these rights as the are insuring and representing your employer. The insurance company does not pay for these penalties and we would have to file directly against the employer. My office has filed hundreds of these type of claims. I have attached the entire Labor Code Section 132a statute. You do not have to be a lawyer to realize that they have violated this statute.

132a states in part:

"132a. It is the declared policy of this state that there should not

be discrimination against workers who are injured in the course and

scope of their employment.

(1) Any employer who discharges, or threatens to discharge, or in

any manner discriminates against any employee because he or she has

filed or made known his or her intention to file a claim for

compensation with his or her employer or an application for

adjudication, or because the employee has received a rating, award,

or settlement, is guilty of a misdemeanor and the employee's

compensation shall be increased by one-half, but in no event more

than ten thousand dollars ($10,000), together with costs and expenses

not in excess of two hundred fifty dollars ($250). Any such

employee shall also be entitled to reinstatement and reimbursement

for lost wages and work benefits caused by the acts of the employer.

My email address is

[email protected]

or my other email address is:

[email protected]

Please contact me if you have further questions.

Good luck and I look forward to hearing from you.

Samuel L. Salazar

Attorney at Law

Re: returning to work

NO, absolutely not. You have 2 possible claims arising out of this single act. The first is called a 132a. Your employer has violated Labor Code Section 132a, which basically says if they discriminate against you (treat you differently) because you have filed or have an intention to file a claim they can be penalized up to $10,000. Your permanent disabilility can be increased 50%. You will also have to be reinstated if you prevail in court.

You also have a potential civil claim under FEHA. This would be a claim for Employment Discrimination against the disabled.

By all means you should consult your attorney if you have one. There are strict time limits in filing these claims, so do not hesitate. I am in the Los Angeles area, but would be happy to assist you. You can call or email me directly for any free consultations you may need.

The insurance company will never advise you of these rights as the are insuring and representing your employer. The insurance company does not pay for these penalties and we would have to file directly against the employer. My office has filed hundreds of these type of claims. I have attached the entire Labor Code Section 132a statute. You do not have to be a lawyer to realize that they have violated this statute.

132a states in part:

"132a. It is the declared policy of this state that there should not

be discrimination against workers who are injured in the course and

scope of their employment.

(1) Any employer who discharges, or threatens to discharge, or in

any manner discriminates against any employee because he or she has

filed or made known his or her intention to file a claim for

compensation with his or her employer or an application for

adjudication, or because the employee has received a rating, award,

or settlement, is guilty of a misdemeanor and the employee's

compensation shall be increased by one-half, but in no event more

than ten thousand dollars ($10,000), together with costs and expenses

not in excess of two hundred fifty dollars ($250). Any such

employee shall also be entitled to reinstatement and reimbursement

for lost wages and work benefits caused by the acts of the employer.

My email address is

[email protected]

or my other email address is:

[email protected]

Please contact me if you have further questions.

Good luck and I look forward to hearing from you.

Samuel L. Salazar

Attorney at Law