Workers Comp Retaliation Attorney

California Labor Code § 132a prohibits any discrimination against employees who file or intend to file workers compensation claims. Additionally, common law wrongful termination in violation of public policy provides a separate cause of action. The workers comp anti-retaliation provisions cover any adverse employment action, not just termination.

New York Workers Compensation Law § 120 makes it a misdemeanor for employers to discharge, threaten, or discriminate against employees for filing workers comp claims or testifying in workers comp proceedings. Remedies include reinstatement, back pay, restoration of benefits, and penalties. Claims are filed with the Workers Compensation Board.

Retaliation includes demotion, pay reduction, schedule changes, denial of promotions, negative performance reviews, increased surveillance, hostile treatment, removal of job duties, and any other action that would discourage a reasonable employee from exercising their workers comp rights. Even subtle changes in treatment that coincide with a filing can be actionable.

Document your job performance before and after filing. Save copies of performance reviews, emails, and any evidence of your work quality. Note any changes in treatment, schedule, or responsibilities that coincide with your claim. Communicate with your employer in writing whenever possible. If you suspect retaliation, consult an employment attorney immediately while evidence is fresh.