132(a)

California Workers' Compensation Claims: Labor Code Section 132a

Bridgeford Law Office, APC: Your Partner for 132a Claims

Under California law, it is illegal to discriminate against workers who are injured in the course and scope of their employment, and they are protected from retaliation for filing a workers’ compensation claim.

Dealing with a labor code 132a claim? Contact The Bridgeford Law Office, APC at (661) 387-3712 for experienced representation today!

Understanding California Labor Code 132a

In simple terms, California Labor Code 132a protects injured workers who have filed a workers’ compensation claim (or who intend to file a claim) against employer discrimination. Employers who take adverse action or threaten action against an injured worker can face hefty fines as well as misdemeanor criminal charges.

Adverse actions that may be considered violations under 132a include:

  • Wrongfully terminating an employee
  • Reducing an employee’s hours
  • Reducing an employee’s pay
  • Changing an employee’s work duties
  • Denying an employee benefits
  • Encouraging other employees to punish the employee
  • Failing to promote a deserving employee due to their injury

Key Provisions of Labor Code 132a

  • Pursuant to Labor Code §132(a), a worker is protected from discharge, threats of discharge and discrimination because they have filed or made known their intention to file a claim for workers’ comp. If a violation is found, the employee’s compensation shall be increased by one-half, but no more than $10,000, together with costs and expenses not in excess $250. A discriminated employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the employer’s actions.
  • Pursuant to Labor Code Section §132(a), an employee has the right to file a separate claim against an employer if they are wrongfully terminated as result of being injured on the job and/or filing a workers’ compensation claim.

Labor Code §132(a) violations are not the same as direct discrimination, EEOC complaints, wrongful termination or other employment/labor disputes which are deemed “civil” in nature and would require specific labor/employment law counsel. 132(a) claims are generally not covered by the workers’ compensation carrier but are deemed as “separate” actions filed under the auspices of the existing workers’ compensation action.

Requirements for a Valid 132(a) Claim

Workers’ compensation discrimination claims under 132(a) must satisfy the following requirements:

  • The employee filed for workers’ compensation, received a rating, award or settlement in a compensation claim, or made known their intentions to file for workers’ compensation;
  • The employer took some sort of adverse action against the employee because of their workers’ compensation claim; and
  • The employee was singled out for disadvantageous treatment due to the injury or claim being filed.

Adverse actions against an employee will most often involve wrongful termination or the threat of being fired, though other actions such as reducing hours, changing work duties, reducing pay, or denying benefits may also qualify. Likewise, employers do not have to follow through on these actions; the mere threat of discrimination may still be considered unlawful.

At The Bridgeford Law Office, our dedicated Santa Clarita workers’ compensation attorneys are committed to assisting clients with Labor Code §132(a) violations and related issues.

Your Local Resource for Workers' Compensation Claims in Santa Clarita and Valencia

Santa Clarita and Valencia workers often face unique challenges when navigating complex workers' compensation claims. Local businesses and employees alike may worry about potential repercussions, especially in communities where job security is a concern.

The City of Santa Clarita and the Valencia Industrial Center are home to many employers. While local government entities like the Santa Clarita Valley Chamber of Commerce and the California Department of Industrial Relations offer resources, many workers still feel uncertain about their rights and fear employer retaliation.

At The Bridgeford Law Office, APC., we understand these concerns. We're committed to protecting the rights of injured workers in our community. We've seen firsthand how workers can face wrongful termination, reduced hours, or altered job duties after filing a workers' compensation claim. These actions can have a significant impact on individuals and their families.

Our team is dedicated to providing personalized support and advocating for your rights under Labor Code 132a. We'll guide you through the complex legal process and fight to help you receive the compensation you deserve.

If you believe you've been discriminated against, don't hesitate to contact us. Our local knowledge and commitment to justice make us a trusted partner in your fight for fair treatment.

Schedule Your Initial Consultation with our Valencia workers’ compensation lawyers at (661) 387-3712 today.

Commonly Asked Questions

What should I do if I believe my employer has discriminated against me under Labor Code 132a?

If you suspect that your employer has discriminated against you in violation of Labor Code 132a, it is essential to take immediate action. First, document all relevant incidents, including dates, times, and details of the adverse actions taken against you. Next, consider consulting with a legal professional who is knowledgeable about workers' compensation laws in California. They can help you understand your rights and guide you through the process of filing a claim.

How can I prove a violation of Labor Code Section 132a?

To establish a violation of Labor Code Section 132a, an employee must demonstrate that they filed for workers' compensation or expressed intent to do so, and that their employer took adverse action against them as a result. This could include wrongful termination, changes in job duties, or denial of benefits. Additionally, the employee must show that they were singled out for unfavorable treatment due to their injury or claim.

Why should I choose Bridgeford Law Office for my Labor Code 132a claim?

Choosing Bridgeford Law Office for your Labor Code 132a claim means partnering with a dedicated team that understands the complexities of workers' compensation law in California. Our attorneys are committed to advocating for your rights and ensuring that you receive the protection and compensation you deserve. We provide personalized attention to each case, guiding you through the legal process with clarity and support. Our experience in handling 132a claims allows us to effectively navigate the legal landscape, making us a reliable choice for injured workers in Santa Clarita and Valencia.

Testimonials From Former Clients

    "Zach was my attorney and he was fantastic through the whole experience."

    I found Bridgeford Law and instantly felt like I made the right decision. Zach was my attorney and he was fantastic through the whole experience. Even the front office staff were great through my many times talking with them.

    The workers comp process in California is convoluted and the insurance companies do everything they can to stall and try to wear you down. The whole process Zach did great at keeping an open line of communication with me. He helped reassure me and I will forever appreciate that. I reached a favorable settlement and I was not disappointed with the results that Bridgeford law got me. I can honestly say I will always recommend them to my friends and family.

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    - Former Client
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