Workers Compensation 132a Claim
If an employee believes that they have been discriminated against or retaliated against by their employer for filing a workers’ compensation claim or testifying in a workers’ compensation case, they can file a 132a claim with the California Division of Workers’ Compensation (DWC).
To be successful in a 132a claim, the employee must show that their employer discriminated or retaliated against them, and that this discrimination or retaliation was motivated by the employee’s workers’ compensation claim or testimony. The employee can seek remedies such as reinstatement, back pay, and compensation for any other damages they may have suffered as a result of the discrimination or retaliation.
It is important to note that the burden of proof in a 132a claim is on the employee, and they must be able to provide sufficient evidence to support their claim. Additionally, the employee must file their claim within one year of the discriminatory or retaliatory action.