Disability and Workman’s Compensation
If you were hurt on the job, California workers’ compensation covers medical care and lost wages regardless of fault, and your employer cannot retaliate for filing. Separately, disability discrimination law requires reasonable accommodation. Protection Law Group helps injured and disabled workers across California on contingency: no upfront fees, and you pay only if we win.
Key Points
- Workers’ comp covers job injuries (specific or cumulative) regardless of who was at fault.
- Labor Code § 132a bans retaliation, such as firing or pay cuts, for filing a claim.
- FEHA separately requires reasonable accommodation for qualifying disabilities.
Workers’ compensation insurance in California is designed to provide benefits to employees injured on the job, covering medical expenses, lost wages, and living costs. Injuries can be classified as specific (resulting from a single incident) or cumulative (developing over time due to repetitive actions). The benefits are categorized as temporary or permanent and can be further classified as partial or total disability.
California law protects workers from employer retaliation for filing workers’ comp claims. Specifically, Labor Code section 132a prohibits actions such as termination, hour reduction, pay cuts, or other forms of workplace discrimination against injured employees. Additionally, disability discrimination under California’s Fair Employment and Housing Act also safeguards workers who can perform their job with reasonable accommodations.
Employees should report injuries to their employer immediately, fill out a workplace injury report, seek prompt medical attention, and file a claim. It’s crucial not to assume an injury is minor, as symptoms can sometimes appear later.
If you or someone you know suffered a workplace injury and hurt or disabled, contact us immediately.
We protect your rights!
Frequently Asked Questions
No. Labor Code § 132a prohibits termination, hour cuts, pay cuts, or other retaliation against employees who file workers’ compensation claims.
Workers’ comp pays medical and wage benefits for a job injury regardless of fault. A disability discrimination claim under FEHA addresses an employer’s failure to accommodate or its discriminatory treatment.
A change that lets you do your job, such as modified duties, equipment, or schedule adjustments, unless it causes the employer undue hardship.
Yes. Report it and seek care promptly, since some injuries worsen or surface later, and delay can hurt both your health and your claim.
Sometimes. Workers’ comp is usually your remedy against your employer, but a disability discrimination claim or a third-party claim may also apply.
Sources
- California Department of Industrial Relations, Workers’ Compensation in California, https://www.dir.ca.gov/dwc/
- California Legislative Information, Labor Code § 132a (anti-retaliation), https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=132a&lawCode=LAB
- California Civil Rights Department, Disability Discrimination, https://calcivilrights.ca.gov/employment/
- U.S. Equal Employment Opportunity Commission, Disability Discrimination, https://www.eeoc.gov/disability-discrimination
Disclaimer: This is for informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
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