Legal Question in Workers Comp in California

Terminating an employee after being injured

I was injured on the job, and have been off work for 2 months.

I have been receiving workers comp benefits.

My employer called and told me I was being ''separated'' from the company due to ''restructuring''.

( basically I was fired!)

Can my employer LEGALLY get away with firing me.

Will my workers comp checks stop? thanks


Asked on 8/18/06, 1:30 am

3 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: Terminating an employee after being injured

I think your employer will be restructuring himself straight into a wrongful termination claim also known as a 132a. Restructuring is his claim, but I would suspect that he did fire you because of your injury. Your termination may be actionable.

Your employer must continue with your benefits.

If you try to handle this on your own, 95% of the time, you will get screwed. Protect yourself, hire an attorney.

Feel free to call my office at 818.385.0520 should you have anymore questions.

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Answered on 8/29/06, 9:46 pm
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Terminating an employee after being injured

File a 132(a) petition for an increase in benefits.

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Answered on 8/30/06, 11:39 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Terminating an employee after being injured

YOU NEED TO FILE A 132(a) PETITION IN CONJUNCTION WITH A WCAB APPLICATION AND CLAIM FORM. YOUR EMPLOYER HAS TO CONTINUE TO PAY YOU TEMPORARY DISABILITY AND PAY FOR YOUR MEDICAL BILLS UNTIL YOU ARE PERMANENT AND STATIONARY. IN ADDITION YOU WILL BE ENTITLED TO COMPENSATION FOR PERMANENT DISABILITY AND VOCATIONAL REHABILITATION. CALL ME AT 213.388.7070 FOR A FREE CONSULTATION.

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Answered on 8/31/06, 4:35 pm


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