HARASSMENT AND DISCRIMINATION AGAINST INJURED WORKER ALSO KNOWN AS DISCRIMINATION UNDER SECTION 132A
If you are injured at work, California law prohibits your employer and its insurance carrier from any discrimination or retaliation against you if you have been injured in the course and scope of your employment.
Your employer is in express violation of section 132a statute if it discharges, threatens to discharge, or in any manner discriminates against you. Further, your employer’s insurance carrier express violation of section 132a statute if it advises, directs, or threatens an employer, under penalty of cancellation, or a raise in premium, or for any other reason, to discharge you because you have:
- Filed a claim,
- Intended to file a claim for workers’ compensation with your employer or an application for adjudication with WCAB,
- You have received a rating, award, or settlement.
What are the remedies for the retaliation or discrimination: in addition to the possibility of being guilty of a misdemeanor by the employer or the insurance carrier because of the retaliation the employee shall be entitled to:
- The lesser of 50% increased or no more than ten thousand dollars ($10,000) and two hundred fifty dollars ($250) in cost and expenses,
- Employment reinstatement,?
- Lost wages and benefits caused by the retaliation
WHO IS PROTECTED BY SECTION 132A?
- You as an injured worker
- Any employee who has testified or has made known his or her intention to testify in your case
- Any family member who is your co-worker
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