California Workers’ Comp Termination: Your Rights & Next Steps

California Workers’ Comp: Rights When Fired During a Claim

July 18, 2025

Table of Contents

Estimated reading time: 12 minutes

Key Takeaways

California law protects employees from being fired solely due to workers’ compensation claims.
Workers’ compensation benefits continue even if you lose your job after a workplace injury.
Know the difference between lawful and unlawful termination related to workers’ comp claims.
Retaliation signs include reduced hours, poor reviews, or harassment after filing a claim.
Immediate legal consultation and thorough documentation are crucial after termination.

Introduction: Fired While on Workers Comp California & Workers Comp and Job Security

“Fired while on workers comp California” describes a situation where an employee receiving workers’ compensation benefits in California is terminated from their job while actively pursuing or receiving benefits after a workplace injury. This reality is all too common and leads to deep uncertainty, not just about immediate financial security but over job status, future opportunities, and continued access to medical treatment.

Typically, the scenario looks like this: An employee gets injured on the job, files a claim for workers’ compensation, and then receives notice that they have been terminated. For the worker, this is both an emotional and practical challenge. The potential consequences include:

Worry about continuing medical care or temporary disability payments
Disruption of household income and financial planning
Anxiety about finding new employment while recovering from injury
Doubt about employer fairness, legal rights, and retaliation

These impacts make it essential for California employees to understand their legal protections. Workers look for answers about whether their firing was lawful, what steps they can take, and how to protect their rights if their termination was unlawful or retaliatory.

Let’s explore your protections, available benefits, and the steps you should take if you find yourself fired while on workers comp in California.

For foundational information on rights and employer responsibilities, see Pacific Workers (learn more here) and DLA Piper (learn more here).

Overview of Workers’ Compensation in California: Workers Comp and Job Security & Workers’ Compensation Benefits

Workers’ compensation in California is a mandatory insurance program that provides financial and medical support to employees injured in the course of their employment.

Key points about workers’ compensation:

No-fault system: You receive benefits regardless of who was at fault for your injury—even if it was a simple accident or partially your own error.
Mandatory coverage: All employers must provide workers’ compensation, even for part-time or seasonal staff.
Employee protections: California law specifically prohibits retaliation against employees who seek or receive these benefits.

What Workers’ Compensation Provides:

Medical care for work-related injuries and illnesses
Temporary disability benefits for lost wages if your injury prevents you from working temporarily
Permanent disability benefits for lasting impairments
Supplemental job displacement (voucher for retraining if you cannot return to former work)
Death benefits for dependents in the event of a fatal workplace injury

The Claims Process:

Timely report of injury: You must notify your employer as soon as possible, typically within 30 days.
File a claim: Use the DWC-1 form or follow the steps in How to File a Workers’ Comp Claim in California
Access treatment: You have the right to see an approved medical provider and receive appropriate care.
Receive benefits: If your claim is accepted, you’ll begin accessing wage replacement and medical benefits.
Employee protections: Employers must inform workers of their rights and post required notices.

For more on what qualifies as a work-related injury and how to file effectively, see What if I am Injured on the Job in California?

Find more on California’s workers’ compensation benefits and legal updates at Pacific Workers (learn more here) and DLA Piper (learn more here).

Legality of Being Fired While on Workers’ Comp in California: Fired While on Workers Comp California, Employer Terminated Me After Injury, Laid Off During Workers Compensation, Workers Comp and Job Security

California law provides strong protections for employees who file for or are receiving workers’ compensation. Specifically:

Labor Code Section 132a makes it unlawful for an employer to fire or discriminate against you solely because you filed—or intend to file—a workers’ compensation claim or have a work-related disability.

For a clear explanation of your rights and what constitutes retaliation, check What Does a Workers’ Compensation Attorney Do?

Lawful vs. Unlawful Termination

Lawful Termination

– Company-wide layoffs or economic downsizing

– Documented ongoing poor performance that predates your injury or is unrelated to your claim

– Elimination of the department or your position due to genuine business needs

Unlawful (Retaliatory) Termination

– Abrupt firing immediately after submitting a workers’ comp claim without objective business justification

– Vague or shifting reasons from management that appear to be a pretext for retaliation

Proof and Burden

– If you challenge your termination, your employer must prove the firing was for legitimate business reasons unrelated to your claim.

For additional legal context on employer obligations and protection against retaliation, see 3 Mistakes Made when Injured on the Job in California

Understanding Retaliation for Filing Workers’ Comp: Retaliation for Filing Workers Comp, Employer Terminated Me After Injury, Fired While on Workers Comp California

Retaliation for filing workers’ comp occurs when an employer punishes an employee because of their workers’ compensation claim.

Signs & Examples of Retaliation

Sudden drop in performance review scores after you file
Hours cut, job duties worsened, or unfavourable shift assignments
Harassment or isolation from supervisors or colleagues

Legal Rights and Remedies

Filing a Complaint: You can submit a retaliation complaint to the California Division of Workers’ Compensation.
Remedies: If retaliation is proven, you may be eligible for reinstatement, back pay, and penalties against the employer.

For guidance on employer conduct and legal definitions, see Navigating Workers’ Compensation: Finding the Right Attorney for You

Employer Terminated Me After Injury: What Are My Rights? Employer Terminated Me After Injury, Retaliation for Filing Workers Comp, Fired While on Workers Comp California

If your employer terminated you after a workplace injury:

Immediate Steps to Take

Keep Comprehensive Records: Injury reports, medical records, emails, performance reviews.
Seek Legal Counsel ASAP: A skilled workers’ comp attorney can flag possible retaliation and help preserve evidence. For insight on attorney roles, see What Makes a Workers’ Compensation Attorney Different?

Building Your Case

Timeline Development: Track injury, claim filing, and termination dates.
Evidence Gathering: Witness statements, performance records, and communications indicating the reasons for dismissal.

Key Resources

California Division of Workers’ Compensation
Department of Industrial Relations

To explore these next steps in detail, review 3 Reasons You Need A Workers’ Compensation Attorney

Impact on Workers Comp and Job Security: Workers Comp and Job Security, Fired While on Workers Comp California, Laid Off During Workers Compensation

If you are fired while on workers’ comp in California, your benefits and your employment status are affected differently:

Workers’ Compensation Benefits After Termination

Medical and Disability Benefits Continue: Your injury-related medical and wage benefits carry on, even after job loss.
No-Fault Protection: Termination alone cannot void legit workers’ comp benefits.

Job Security Implications

No Requirement to Hold Your Job Indefinitely: Employers must not retaliate, but aren’t mandated to keep the role open indefinitely.
Retaliatory Termination = Reinstatement or Damages: If proven, you can seek to return to work or obtain financial compensation.

Learn more about unemployment as a terminated injured worker in Can You Work While on Disability?

Further reading: Pacific Workers (learn more here).

Practical Steps After Being Fired on Workers’ Comp: Fired While on Workers Comp California, Retaliation for Filing Workers Comp, Employer Terminated Me After Injury, Workers Comp and Job Security

Following a termination while on workers’ comp:

Immediate Action Checklist

Consult a Qualified Workers’ Compensation Attorney: For help with wrongful termination or retaliation. See Navigating Workers’ Compensation: Finding the Right Attorney for You
Document Every Interaction: Save communications, appointment notes, and written explanations.
Ask Key Questions:

Was your position eliminated along with others?
Did pre-injury performance issues exist?

File a Retaliation Complaint if Needed: With Cal/OSHA or the Labor Commissioner.
Continue Medical Care: Keep appointments and follow your doctor’s plan.

Financial Security and Support Services

Unemployment Benefits: If your firing wasn’t for cause.
Retraining Vouchers: For vocational rehabilitation under workers’ comp.

Act quickly to maintain access to benefits and preserve your rights.

Conclusion: Fired While on Workers Comp California, Employer Terminated Me After Injury, Workers Comp and Job Security

Being fired while on workers comp in California presents unique challenges:

Illegal Retaliation: Firing due to your injury or claim is unlawful.
Benefits Continue: Legit workers’ comp claims pay medical and wage benefits regardless of job status.
Potential Remedies: Reinstatement, back pay, and legal damages if retaliation is proven.
Immediate Legal Consultation: A specialized attorney can preserve crucial evidence and guide you through complex timelines.

Don’t delay in seeking expert help. If you were fired while on workers’ comp, get a free evaluation from Visionary Law Group to see if you have a strong case. Act now—your rights and benefits depend on timely action.

Previous blog posts for further reading:

FAQ

Can my employer fire me for filing a workers’ comp claim in California?

No. Under California Labor Code Section 132a, it is unlawful for an employer to fire or discriminate against you solely because you filed or intend to file a workers’ compensation claim.

Do workers’ compensation benefits continue if I am terminated?

Yes. Your medical and disability benefits related to your workplace injury continue even if you lose your job, as workers’ compensation benefits are independent of your employment status.

What should I do if I suspect retaliation after filing a workers’ comp claim?

Document all interactions, seek legal counsel immediately, and consider filing a retaliation complaint with the California Division of Workers’ Compensation or other relevant agencies.

Is there a difference between lawful and unlawful termination while on workers’ comp?

Yes. Lawful termination can include layoffs or poor performance unrelated to the injury, while unlawful termination involves firing in retaliation for filing a workers’ comp claim without legitimate business reasons.

Where can I find legal help if terminated after a workplace injury?

You can consult specialized workers’ compensation attorneys, including those recommended by Visionary Law Group, to evaluate your case and guide you on next steps.