I got injured at work and while in the ER had about a dozen missed calls from my employer telling me not to use workers compensation. A week after the injury my employer said that it was my own fault and suggested they would not cover the bill. So I filled a claim and now that I’m able to work they won’t schedule me. Was told today there not going to until I quit or they can try to fire me and not make it seem like wrongful termination. Not sure what my next move is.
Your next move is to immediately consult with a local experienced workers compensation attorney. Consultations are free. An employer telling you not to say it is workers compensation is not complying with the law. Also if it can be proven that the employer is discriminating against you because you have a workers compensation claim, you may have a separate action under workers compensation called a LC 132a claim for discrimination. In addition to workers compensation You may also want to seek a consultation with an employment law attorney.
I think your next move is to interview and hire an attorney who specializes in workers compensation in your area. Workers Compensation is a no fault system, so it does not matter who is at fault for the accident. If your employer is discriminating against you because of a work injury, which appears to be the case, they may be liable for discrimination in a work injury, as well as a possible employment claim. You should first start out with a workers compensation attorney and proceed from there.
Sorry your employer is treating you this way, it is not lawful and should not happen. Good Luck.
I agree with my colleagues. Labor Code 132a prohibits an employer from discriminating against you because you got hurt on the job. It sounds like you’re being discriminated against simply because you got hurt on the job. Time to use the “Find a Lawyer” tab at the top of this page to find a top rated WC lawyer.
Your next move is a 132a Petition AND a Dept. of Fair Employment and Housing (DFEH) violation complaint. BE VERY CAREFUL. a lot of Workers Comp attorneys will have you sign then announce then don't prosecute the 132a violation and tell you you must get 'other counsel' for the 132a petition. MAKE ABSOLUTE CERTAIN THAT your workers comp attorney handles both the case in chief and the 132a petition; that means actually meeting the attorney and getting a draft of the 132a Petition in her office. If she can't draft at 132a petition while you are talking, that means she doesn't do it much. IF an employer knows you have a disability but you are released to full duty and it refuses to permit you to work, you are (1) UNEMPLOYED (you can file for Unemployment Insurance at www.edd.ca.gov today, immediately) and (2) ready to talk to an EMPLOYMENT Lawyer (different than a workers comp lawyer) after being refused your job because of a disability...a giant no-no in DFEH regulations.
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