Wrongful Termination · California & New York
Workers Comp Retaliation Firing Attorney
Dealing with a workers comp retaliation firing issue? Our California & New York employment attorneys can help you get the compensation you deserve.
Free Case ReviewCommon Workers Comp Retaliation Firing Scenarios
What You Can Recover in a Workers Comp Retaliation Firing Case
If you have experienced workers comp retaliation firing, California and New York law give wrongful termination victims real remedies. Depending on the facts of your case, you may be entitled to:
- Back pay and lost wages caused by the workers comp retaliation firing
- Compensatory damages for the emotional distress it caused you
- Punitive damages where the employer's conduct was egregious
- Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win
Workers Comp Retaliation Firing FAQ
Is it illegal to fire someone for filing a workers comp claim in California?
Yes. California Labor Code § 132a makes it a misdemeanor for an employer to discharge or threaten to discharge an employee because they filed or intend to file a workers compensation claim. Employees can recover increased compensation of up to $10,000, reinstatement, reimbursement for lost wages and benefits, and attorneys' fees.
What protections exist in New York against workers comp retaliation?
New York Workers Compensation Law § 120 prohibits employers from discharging or discriminating against employees for filing workers comp claims. Violations can result in reinstatement, back pay, and penalties against the employer. The claim must be filed with the Workers Compensation Board within two years of the retaliatory action.
How do I prove my firing was retaliation for a workers comp claim?
Key evidence includes the timing between filing your claim and being fired, any statements by management about your claim, inconsistencies in the stated reason for termination, and evidence that similarly situated employees who did not file claims were treated differently. A short gap between filing and firing creates a strong inference of retaliation.
Can I file both a workers comp retaliation claim and a wrongful termination lawsuit?
Yes. In California, you can pursue a Labor Code § 132a claim before the Workers Compensation Appeals Board and a separate wrongful termination lawsuit in civil court. In New York, you can file under WCL § 120 and also pursue a common law wrongful discharge claim. An experienced attorney can advise on the best strategy for maximum recovery.
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