Can You Be Fired for Filing Workers’ Comp in California?

November 2, 2026

Getting hurt at work can already create uncertainty about your health, income, and ability to return to your job. If you are also worried that filing a workers’ compensation claim could cost you your position, it is important to understand where California law draws the line.

An employer generally cannot fire or punish you because you suffered a work injury or exercised your right to seek workers’ comp benefits. Our workers’ compensation attorney in LA, CA can review the circumstances surrounding an adverse employment action and determine how it may affect your work comp claim.

Can I be fired while on workers’ comp?

Your employer cannot legally fire you simply because you filed, or intended to file, a workers’ compensation claim for a job-related injury. California Labor Code §132a prohibits discrimination against employees because they were injured at work or pursued workers’ compensation benefits. Protection is not limited to outright termination. Other adverse actions connected to the claim may also raise concerns.

However, having an active workers’ compensation claim does not mean you can never be fired. An employer may still take action for a legitimate reason that is unrelated to your injury or claim. That distinction—why the employer took the action—can become central when retaliation is suspected.

When can an employer legally fire someone who is on workers’ comp?

Workers’ compensation does not provide automatic protection from every type of termination.

For example, an employer may have a legitimate reason for ending employment because of:

• A company-wide layoff or reduction in force
• Documented misconduct unrelated to the workers’ comp claim
• Performance problems that are not connected to the injury
• The elimination of a position for legitimate business reasons

The timing of the termination alone does not necessarily prove retaliation. At the same time, an employer cannot disguise retaliation as a routine employment decision simply because another explanation is available.

What are possible signs of workers’ comp retaliation?

Retaliation does not always begin with termination. An injured worker may notice other changes after reporting an injury or filing a claim.

Depending on the circumstances, warning signs may include:

• Threats about losing your job if you pursue workers’ comp
• A sudden reduction in hours or pay
• Demotion or unfavorable changes in job duties
• Discipline that begins shortly after the claim
• Pressure to withdraw or avoid filing the claim
• Termination accompanied by comments about the injury or workers’ comp case

What should I do if I believe I was fired because of my workers’ comp claim?

Start by preserving information that may help show what happened before and after you reported the injury. Useful records may include termination notices, emails, text messages, performance reviews, disciplinary records, schedules, pay information, and communications about your injury or claim. A clear timeline can also help show when the employer learned about the injury and when the employment action occurred.

California provides a process for raising discrimination under Labor Code §132a. A §132a petition generally must be filed within one year of the discriminatory act or firing.  If you believe your employer retaliated against you for pursuing workers’ compensation benefits, having the circumstances reviewed promptly can help determine what options may be available.

How can I find a workers’ compensation attorney in LA, CA with experience in workplace retaliation?

A firing, demotion, or other adverse action after a work injury can raise questions about both your employment and your workers’ compensation claim. For injured workers in Baldwin Hills and across Los Angeles, our attorneys can review what happened, examine whether the timing and circumstances suggest retaliation, and explain the next steps available under California law.

Protecting your claim may also mean understanding when you can choose or change your work comp doctor and what happens if your employer does not carry workers’ compensation. Contact our office for a free consultation so we can assess the issues affecting your claim and help you decide how to move forward. Let’s talk ASAP!