A Labor Code 132a claim is an additional claim in a workers' compensation claim.  It is when an employer is discriminating against an injured worker because of his/her work injury.  Our office files this claim in addition to the work injury claim.  

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For example, if ALL workers at a workplace are able to have a break EXCEPT those with work injuries.   The injured workers are treated differently by the employer.  This may be considered discrimination.

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The employee/injured worker has to show the court that discrimination occurred because of the work injury.  The employer's act cannot be something that happens to all the employees or considered a 'business reality.' 

 

If you were terminated and you believe the reason for your termination is because you had a work injury or filed a workers' comp claim, you may have a Labor Code 132a violation claim in addition to your workers comp claim.    

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If an injured workers is successful in proving a LC132a case, the injured worker may qualify for $10,000.00 PLUS lost wages.  

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If you believe you have been discriminated against BECAUSE of your work injury, call our office today to make an appointment with one of our attorneys.  We provide free consultations.  You can request an appointment by filling out this form or calling our office at 831-753-9127.