Category Archives: Labor Code 132(a)

What Evidence Can an Employer Use to Defend a Labor Code 132(a) Claim?

An employee who is injured on the job has the right to file for workers’ compensation benefits. They cannot be punished for doing so. Indeed, even if an employer believes that a worker is filing a false claim, retaliation should be avoided. Under California Labor Code § 132(a), an employer that engaged in retaliation can […]

CAN YOU FIRE AN EMPLOYEE FOR MAKING A FALSE WORKERS’ COMPENSATION CLAIM IN CALIFORNIA?

Employers in California are legally required to provide no-fault workers’ compensation insurance coverage for their staff. When someone is hurt on the job, they have the right to file for workers’ compensation benefits without fear of facing retribution. This raises an important question: What rights do employers have when an employee files a fraudulent workers’ […]

WHAT SANCTIONS WILL A CALIFORNIA EMPLOYER FACE FOR A VIOLATION OF LABOR CODE SECTION 132(a)?

California has some of the strongest and most comprehensive legal protections for injured workers in the entire country. Under California law (Labor Code § 132(a)), all employees covered by workers’ compensation have a right to file for benefits. An employer cannot lawfully discriminate against them, retaliate against them, or otherwise take adverse action against them […]

WHAT IS A LABOR CODE 132(a) LAWSUIT? (WORKERS’ COMPENSATION IN CALIFORNIA)

An employee who was hurt on the job in California has a right to file for no-fault workers’ compensation benefits. As an employer, you are required to obtain and maintain the proper workers’ compensation insurance coverage for your employees. Employers cannot discriminate against an employee who was injured on the job or retaliate against an […]

WCAB: DISABILITY DISCRIMINATION CLAIM A SEPARATE ACTION FROM WORKERS’ COMPENSATION DISCRIMINATION CLAIM

According to a report from the Society for Human Resource Management (SHRM), the California Workers’ Compensation Appeals Board (WCAB) has ruled that a workers’ compensation discrimination claim under Labor Code Section 132(a) is a wholly separate legal action from a disability discrimination claim under FEHA, Fair Employment and Housing Act. A worker who had her […]

WORKERS’ COMPENSATION DEFENSE: WHAT CONSTITUTES ‘RETALIATION’ UNDER LABOR CODE 132(A)?

All employees in Monterey County and anywhere else in California are required to obtain and maintain workers’ compensation insurance coverage. If an employee is hurt on the job, they have a right to file for no-fault workers’ compensation benefits through their employer’s policy. Under California Labor Code 132(a), employers are barred from retaliating against an […]

WORKERS’ COMPENSATION DEFENSE: FOUR THINGS CALIFORNIA EMPLOYERS SHOULD KNOW ABOUT LC 132(A)

California requires employers to provide no-fault workers’ compensation benefits to their employees. Any employee who suffers a job-related injury or impairment has the right to file for workers’ compensation benefits without any “pushback” from their employer. Under California Labor Code Section 132(A), “it is the declared policy of this state that there should not be […]

CALIFORNIA LABOR CODE SECTION 132(A): WORK INJURIES, MEDICAL TREATMENT, AND SICK LEAVE BENEFITS

When someone is hurt on the job in California, they have a right to file a workers’ compensation claim to seek medical coverage and wage replacement benefits. An employer is strictly forbidden from taking any adverse action against an employee who is exercising their right to file a claim. An employee cannot be fired, discriminated […]

WHEN SHOULD I HIRE A WORKERS’ COMPENSATION DEFENSE LAWYER IN CALIFORNIA?

Workers’ compensation insurance provides medical coverage and wage loss benefits to employees who were hurt on the job. As emphasized by the California Department of Industrial Relations, “employers are required by law to have workers’ compensation insurance.” For employers and insurers, navigating the workers’ compensation claims process can be complicated. It is not uncommon to […]