Police officers, firefighters, paramedics, and other first responders may worry that reporting an injury could affect their position, assignments, or future with the department. California law prohibits employers from firing or otherwise discriminating against workers because they suffered a job injury or pursued workers’ compensation benefits. However, filing a claim does not create absolute job protection.
Employment questions can become especially complicated when a first responder has medical restrictions or cannot immediately return to full duty. Our workers’ compensation attorneys in Oakland can review issues affecting injured first responders when disciplinary or employment action occurs during a workers’ comp claim.
Can I be fired while on workers’ comp?
Yes, it is possible to be fired while receiving workers’ compensation benefits, but your employer cannot lawfully fire you simply because you were injured at work or filed a workers’ comp claim. California Labor Code section 132a prohibits discrimination against employees because of a work injury or their pursuit of workers’ compensation benefits.
The important question is often why the employment action occurred. A termination based on a legitimate reason unrelated to the workers’ comp claim may still be lawful.
Does filing a workers’ comp claim protect my first-responder job?
A workers’ comp claim itself does not guarantee that your position will remain open indefinitely. For example, employment issues may arise if you cannot perform required duties, violate workplace policies, or face discipline for conduct unrelated to the injury. Separate employment protections may also apply depending on your medical condition, available leave, work restrictions, and other circumstances.
For first responders, the distinction can be particularly important because returning to patrol, emergency response, firefighting, patient transport, or other public-safety duties may require meeting specific physical demands.
What employment actions can raise retaliation concerns?
Retaliation does not have to involve an immediate firing. Other adverse actions may raise questions when they occur because of a work injury or workers’ compensation claim.
Depending on the circumstances, concerns may arise after:
- A termination or threatened termination
- A demotion
- Disciplinary action
- Unfavorable changes in assignments or working conditions
- Different treatment compared with similarly situated employees
- Pressure to avoid reporting an injury or pursuing benefits
Timing can be relevant, but an unfavorable action shortly after a claim does not automatically prove retaliation. The surrounding facts and the employer’s stated reason for the decision matter.
What if my department says the firing was unrelated to my claim?
An employer may argue that a termination, demotion, or other personnel action was based on legitimate reasons rather than the workers’ compensation claim.
That makes documentation important. Records showing when the injury was reported, when the claim was filed, what supervisors said, when disciplinary issues arose, and how similar situations were handled may help clarify whether the employer’s explanation is consistent with what actually happened.
For first responders, medical work restrictions and return-to-duty communications can also be relevant. Keep copies of work-status reports, modified-duty offers, department correspondence, performance records, and disciplinary notices.
What can I do if I believe I was fired because of my claim?
California workers can pursue a discrimination claim under Labor Code section 132a when they believe they were fired or otherwise discriminated against because of a work injury or workers’ compensation claim. A section 132a petition generally must be filed within one year of the discriminatory act or firing. The petition also requires an open Workers’ Compensation Appeals Board case.
Because the employer may claim that the action was based on another reason, these cases often depend heavily on the employment record and the circumstances surrounding the decision. If you believe your department took action against you because you reported an injury or pursued workers’ comp benefits, preserve relevant documents and communications.
Which workers’ compensation attorneys in Oakland can help me if my job is threatened after filing a claim?
Being disciplined, demoted, or fired while you are recovering from a work injury can raise difficult questions about whether the action was legitimate or connected to your workers’ comp claim. First responders in Civic Center and across Oakland can have our attorneys review the timing, employment records, and circumstances surrounding the decision.
We can also explain when you can change your work comp doctor and what options exist if your employer doesn’t carry workmen’s comp. Contact our team for a free consultation to discuss your claim and employment concerns. Let’s talk today!
