Getting hurt at work can turn your world upside down.
On top of dealing with pain, appointments, and paperwork, there’s that nagging thought in the back of your mind: “Can my boss actually fire me while I’m on workers’ comp?”
It’s a super common worry, and honestly, it’s a fair question.
The short answer is no, you can’t be fired because you filed a workers’ compensation claim in California. That is considered retaliation, and it’s illegal.
In this post, we’ll explain why you can’t be fired while on workers comp, and what to do if your boss does fire you.
Can You Be Fired While On Workers’ Compensation?
You can be fired while on workers compensation depending on the circumstances.
Filing for workers’ compensation is your legal right. You should be able to recover without the added stress of job insecurity hanging over you.
Your employer can’t fire you just because you got injured, took time off, or filed a claim.
That would be considered retaliation, and the law takes that seriously.
However, being on workers’ comp doesn’t give you lifetime job protection. Your employer still has a business to run, and there are certain circumstances where they might legally fire you.
But the termination has to be based on a valid reason unrelated to your injury or claim.
If the company eliminates your position, restructures, or if you can’t perform the essential functions of your role even with reasonable accommodations, your employer may have grounds to terminate employment.
Also Read: What Happens If My Employer Refuses to File a Workers’ Comp Claim?
When Termination Might Be Legal
This is the part that usually surprises people. Yes, there are legitimate reasons an employer can let someone go while they’re on workers’ comp.
The catch is that the reason can’t be related to the injury or the claim.
Here are some common situations where termination might be legal:
- Company-wide layoffs or restructuring that affect multiple employees, not just the injured worker.
- The position was temporary or seasonal and has naturally come to an end.
- The employee can’t return to work after exhausting leave, and no reasonable accommodations are available.
- Documented misconduct or performance issues unrelated to the injury.
The employer must be able to back up their decision with proper documentation. They can’t just use the injury as a convenient excuse to let someone go.
For example, if an employee was already facing disciplinary action for repeated policy violations before the injury happened, the company might still follow through with termination.
On the other hand, if an employee had a clean record and suddenly gets terminated right after filing a claim, that’s a big red flag.
Timing and reasoning matter a lot in these cases.
Also Read: What Are My Rights If I’m Injured on a Construction Site?
What To Do If You’re Fired While On Workers’ Comp
Getting that termination notice while you’re still recovering can feel like a punch to the gut. The good news is, you’re not powerless. California law gives you options if you think the firing was unfair or retaliatory.
Here’s a simple game plan to follow if this happens to you:
#1 Ask For The Reason In Writing
Start by asking your employer to give you a written explanation for the termination.
Don’t skip this step. A clear, written reason locks in their official stance and stops them from changing their story later. It also gives your attorney something concrete to work with if you decide to fight the termination.
Some employers might try to keep things vague or stick to verbal explanations.
That’s not good enough. Politely (but firmly) ask for something in writing like an email, a letter, even a formal termination notice works.
This document can end up being a key piece of evidence, especially if the timing of the firing looks suspicious.
Also Read: Workers Comp Ruined My Life
#2 Gather Documentation And Records
Next, collect everything related to your injury, workers’ comp claim, and your employment.
This includes:
- Medical records
- Claim forms
- Emails with HR
- Performance evaluations
- Disciplinary notices
- Any communication about accommodations or return-to-work discussions
If you received any text messages from supervisors or coworkers that mention your injury or claim, save those too.
If there were witnesses to any discussions, make a note of their names and what was said.
The more organized your documentation is, the stronger your case will be if you decide to challenge the termination.
#3 File A Labor Code §132a Complaint
If you believe the termination was retaliatory, you can file a complaint under Labor Code §132a.
This complaint goes through the California Division of Workers’ Compensation.
If successful, you could be entitled to additional benefits, including increased compensation and potential reinstatement.
Keep in mind that there are strict deadlines for filing, so timing matters. You generally have one year from the discriminatory act to file the complaint.
#4 Consult An Experienced Workers’ Comp Attorney
Finally, talk to a lawyer who knows California’s workers’ comp laws inside and out.
Talking to an experienced workers’ compensation attorney can make a huge difference, especially if the situation feels complicated or unfair.
A lawyer can review the facts, spot red flags, and tell you exactly what legal options you have.
They’ll help you figure out if you have a strong retaliation case, assist with filing your §132a complaint, and make sure your rights are protected throughout the process.
The best part? Many workers’ comp attorneys in California offer free consultations and only get paid if they win your case.
So there’s no reason to hesitate.
Bottom Line
You can’t be fired just for filing a workers’ compensation claim in California. That’s retaliation, and it’s illegal.
But your job isn’t automatically guaranteed either. Employers can still terminate employees for legitimate business reasons, like layoffs, the end of a temporary role, or documented performance problems unrelated to the injury.
If you get fired while on workers’ comp, don’t panic. Ask for the reason in writing, get your documentation in order, consider filing a §132a complaint, and talk to an attorney.
California law gives you strong protections and you just need to know how to use them.
