“Very thankful for everything they did for us. Always responsive, reassured us every step of the way and obtained a great result.”
Miguel Orellana
✦ Board-Certified Specialist in Workers’ Compensation Law — State Bar of California ✦
Your employer cannot punish you for getting hurt. If they did, we’ll make them pay.
By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law
You reported a legitimate injury — maybe a torn rotator cuff from years of overhead assembly at Plant 42, or a back injury from lifting at the Amazon warehouse on Rancho Vista. You filed your DWC-1 claim form. And then your employer fired you, cut your hours, transferred you to a worse position, or made your work life so miserable you felt forced to quit. This is workers' compensation retaliation, and it is illegal under California Labor Code §132a.
Retaliation is more common in Palmdale than many workers realize. Aerospace subcontractors at Plant 42 sometimes terminate workers to avoid insurance premium increases. Small construction firms along the 14 corridor fire injured laborers and replace them with new hires rather than accommodate work restrictions. Retail managers at the Antelope Valley Mall reduce hours or assign undesirable shifts to workers who file claims. Each of these actions violates California law.
We handle LC §132a retaliation claims from our office on Avenue M-14 for workers across every Palmdale industry. The penalties for employer retaliation are severe — including reinstatement to your job, full back pay, and a mandatory increase of $10,000 or more added to your workers' comp award. If the retaliation is egregious enough, you may also file a separate civil wrongful termination lawsuit for emotional distress and punitive damages.
Labor Code §132a is California's primary weapon against employer retaliation in the workers' compensation context. It states plainly: "It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment." Any employer who violates this policy faces mandatory penalties.
Retaliation is any adverse employment action taken because you filed — or indicated an intent to file — a workers' compensation claim. The action does not need to be termination. We've successfully prosecuted all of the following for Palmdale workers:
To prevail on an LC §132a claim, we must establish three elements:
If we establish retaliation, the WCAB can order:
Additionally, you may file a separate civil wrongful termination lawsuit in Superior Court. Civil claims allow recovery of emotional distress damages, punitive damages, and full lost earnings — remedies not available through the WCAB alone. We evaluate every Palmdale retaliation case for both LC §132a and civil remedies.
Injured at work in Palmdale? Call (661) 273-1780
Tap to call →LC §132a claims are filed and litigated at the Van Nuys WCAB. Civil wrongful termination claims are filed in Los Angeles County Superior Court. We handle both proceedings for Palmdale workers.
Retaliation claims under LC §132a must be filed at the WCAB within one year of the discriminatory act. Civil wrongful termination claims have a two-year statute of limitations. Don't wait — evidence disappears and witnesses forget. Contact our Avenue M-14 office the moment retaliation occurs.
Ready to discuss your case? Schedule a free consultation.
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