Defense Against 132a Claims (Workers' Comp Retaliation)

Workers' compensation coverage is designed to help employees who have been injured due to workplace activities or workplace accidents. Some workers hesitate to file these claims because of perceived pushback from employers. They may assert that employers will try to stop an employee from filing a legitimate claim or will threaten retaliation if the employee files.

The Financial Penalties Of A 132a Claim

Under Labor Code 132a, it is illegal for employers to fire an employee or threaten to fire an employee because he or she filed a workers' compensation claim. These claims are considered misdemeanors and the penalties are not insurable through workers' compensation. Penalties include a 50 percent increase in compensation, a portion of attorney costs, work position reinstatement (if possible) and reimbursement for lost wages that resulted from the claim.

To demonstrate a valid claim, the employee must establish that:

  1. The employer knew about the employee's intent to file a claim or actual claim filing.
  2. Job termination threats or discrimination occurred as a result of the claim filing.
  3. The retaliatory actions singled out the employee who filed or intended to file the claim.

It is vital that you have an experienced workers' compensation insurance defense attorney to represent your business interests. We can defend you against these challenges.

A History Of Excellence In California Workers' Comp Claim Defense

At Gray & Prouty, we defend employers against 132a claims (workers' compensation retaliation claims). If your business is under duress because of workers' compensation insurance litigation, our attorneys can represent your interests in administrative hearings or in traditional courtroom proceedings. Our reputation for excellence in litigation is built on the satisfied clients we have helped across California.

Contact our office in Arroyo Grande to set up a meeting and discuss your options for 132a claim/retaliation defense. Reach us online or call 805-786-4050 today.