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Workers Compensation 132a Claim
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Yamin Law Group

Workers Compensation 132a Claim

In California, a 132a claim refers to a specific type of workers’ compensation claim that an employee can file if they believe that they have been discriminated against or retaliated against by their employer for having filed a workers’ compensation claim or for testifying in a workers’ compensation case.
Under California Labor Code section 132a, employers are prohibited from discriminating against employees who have filed or attempted to file a workers’ compensation claim, or who have testified or plan to testify in a workers’ compensation case. Specifically, employers are prohibited from firing, demoting, or taking other negative employment actions against an employee for these reasons.

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.

Yamin Law Group

summary

In summary, a 132a claim is a workers’ compensation claim that an employee can file if they believe 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. To be successful, the employee must show that the discrimination or retaliation was motivated by their workers’ compensation claim or testimony, and they must file their claim within one year of the discriminatory or retaliatory action.