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TURNING EMPLOYER WRONGS INTO EMPLOYEE RIGHTS

*At this time, we are only conducting phone consultations, please no walk-ins.

Workman’s Compensation Appeals Board

We recently met with over 500 California Workman’s Compensation attorneys at their bi-annual summer convention at Squaw Creek Resort. The meeting provided many new insights into the laws (which are evolving almost daily!) protecting “applicants”, those workers injured in both the “course” and “scope” of their employment. Fortunately for our mutual clients, Labor Code 132a continues to provide dual tracks of protection: a 132a claim in work comp for being terminated for filing a claim and a parallel right to file a civil action in court for termination in violation of public policy. It is this latter tort that our firm specializes in. Interestingly, a small non-permanent injury can provide the basis for a wrongful termination case if it is work-related. As opposed to the Government Code definition of discrimination, which requires a permanent or semi-permanent injury.

Since this blog was originally written, we have expanded our work comp-related practice. Attorneys who refer us their clients who have been fired as a result of requesting a work comp claim form. When a worker is injured, an employer has the dual obligation of accommodating the injured worker and complying with the rule sof the work comp system.