Workers’ Compensation and Employer Retaliation in California

 Posted on May 23, 2025 in Workers' Compensation

Getting injured on the job can be devastating, physically, emotionally, and financially. The one solace is knowing that workers’ compensation benefits ensure you will receive the financial support you need to get you back on your feet. Unfortunately, employers sometimes retaliate, often over cost concerns, but California law is on your side. So, what does retaliation look like, and what can you do to combat it? An experienced San Benito County, CA workers’ compensation attorney will explain your rights and help you get the support you need.

What Does Employer Retaliation After a Workers’ Compensation Claim Look Like?

Sometimes, employer retaliation can be blatantly in your face, but more often than not, it is hidden in context. If you think your employer is acting differently after your workers’ comp claim, you are likely correct. Some common ways that retaliation manifests after you file include:

• Your employer begins to treat you in a way that feels like intimidation or harassment, such as making derogatory statements, isolating you from activities, or fostering a more hostile work environment.

• Your employer starts to micromanage you and constantly gives you reviews about your performance in an uncomfortable way.

• You are demoted or forced to take a pay reduction with no plausible reason.

An extreme retaliation tactic is coerced resignation or termination. If you were fired shortly after you filed your workers’ compensation claim, your termination is certainly questionable.

How Does California Law Protect Me From Retaliation for a Workers’ Compensation Claim?

According to California law, under the Division of Workers’ Compensation Chapter and the California Fair Employment and Housing Act, employer retaliation after a workers’ comp claim is illegal. This applies to every type of employer, from businesses of all sizes and industries. It specifically prohibits demotion, termination, increased monitoring, reduced hours, reduced pay, and negative performance reviews without a valid reason. Creating any form of hostile work environment in response to your claim is strictly prohibited.

How Do I Prove That My Employer Is Retaliating After a Workers’ Compensation Claim in California?

Proving retaliation can be challenging, especially when your employer takes measures to ensure it is as subtle as possible. However, an experienced workers’ compensation attorney knows the signs of retaliation and can help you uncover the evidence needed to prove it. 

Keep notes to document your encounters with your employer, detailing conversations with them and about them. Report suspected retaliation to the human resources department, and seek support. You have the right to a safe workplace and should not have to fear for your job because of an accident.

Contact Our San Benito County, CA Workers’ Compensation Attorneys Today

After suffering an injury in a workplace accident, the last thing you should have to do is fear that your employer will retaliate against you. At Cramer + Martinez, our Hollister, CA workers’ compensation lawyers have been serving clients for nearly 30 years. We understand the importance of protecting your right to compensation following a work accident without losing your job. If you suspect your employer is targeting you for filing a valid workers’ compensation claim, call 408-848-1113 to schedule a free consultation today.