What Happens If I Get Fired While on Workers’ Comp in California? 2025

Dec 27, 2024 | Workers Compensation

A workplace accident can be a very serious moment in your life that causes you to reflect and plan ahead for a different future you had not expected. Depending on the details of your accident, you could be suffering from chronic pain for quite some time, and those medical bills are going to pile up. You may be counting on your workers’ comp benefits to make it through this. You may be wondering: What happens if I get fired while on workers’ comp in California?

What Happens If You Get Fired While on Workers’ Comp in California?

The status of your workers’ comp benefits following your termination will depend entirely on the details of your termination and whether or not it was directly related to your accident. It is important to keep in mind that California is an at-will employment state. Legally, no employer in the state is required to provide cause if they decide to terminate your employment. They are allowed to do it whenever they want unless they do it as an act of retaliation or discrimination.

If your employer fires you due to your workers’ compensation claim, it may be considered an act of retaliation. You may want to speak with an employment lawyer to learn what your options are for seeking a legal claim for wrongful termination.

Even if you are fired, your workers’ comp benefits will not stop. As long as you are still considered injured and have not yet reached maximum medical improvement, your workers’ comp benefits will continue until your doctor says otherwise.

Workers’ Compensation in California

When it comes to applying for workers’ compensation benefits in California, you should know that the state operates on a no-fault compensation system. Essentially, this means that in order to get your workers’ comp benefits, you only need to prove that your accident happened at work.

You don’t have to establish fault or prove that anyone’s negligence caused the accident. In return for this system, workers are not allowed to take legal action against their employers for the accident.

Generally, this system benefits both the injured employee and their employer. The employee has an easier path to their workers’ comp benefits, and the employer doesn’t have to worry about any legal action coming their way. California labor laws require every employer in the state to carry workers’ comp insurance just in case something were to happen to an employee in the workplace, which would require them to recover for quite some time.

What Benefits Can You Claim?

California’s comprehensive labor laws provide many different benefits that you may be entitled to in the event of a workplace injury. It depends largely on the type of insurance your company carries and whether or not these benefits are included in their policy. Here are some of the common benefits that you may wish to seek after a workplace accident:

• Medical Benefits: When you are injured at work, you need to make sure your medical needs are taken care of above all else. Injured California workers are entitled to any reasonable medical care that is required to help their recovery process. Depending on the injury and how it happened, your employer may cover all or only some of your treatment.
• Temporary Disability: If your injury is severe enough for you to stay home, you may be able to apply for temporary disability benefits to compensate you for the wages you are losing by not being able to work. Before you can apply, you need to see a doctor who must prove that you cannot work.
• Permanent Disability: Some accidents may be far more serious than others and may result in permanent injuries. If this is the case for you, you may qualify for permanent disability benefits. The amount you receive in permanent disability will be decided by considering the full extent of your injuries, your age, and when the injury happened to you.

FAQs

Q: Can You Be Fired While on Workers’ Comp in California?

A: Yes, you can be fired while you are on workers’ comp in California. However, the reason for the firing cannot be related to your workers’ comp claim. Your employer is not legally allowed to fire you for seeking workers’ comp after an accident, and if they do, it may be considered wrongful termination. If you think your firing was retaliatory, seek out an employment lawyer.

Q: Is My Employment Protected If I Receive Workers’ Comp in California?

A: No, your job is not protected while you are on workers’ comp in California. Your employer can still let you go for legitimate reasons, such as poor performance or downsizing. Note that if you are terminated within a certain number of days of receiving workers’ comp benefits, the court may automatically assume that you were fired out of retaliation. An employment lawyer can help you figure out what your legal standing is and whether or not you have a case.

Q: Can I Take Legal Action If I Accept Workers’ Compensation in California?

A: No, you cannot take legal action against your employer if you accept workers’ comp benefits following a workplace accident in California. When you accept workers’ comp benefits, that is seen as an agreement not to take legal action against your employer for a workplace accident. There may be some exceptions, but there are no guarantees that your case will be an exception.

Q: Why Would I Need a Lawyer for a Workers’ Comp Claim?

A: There are many different reasons why you might need a lawyer to help with a workers’ comp claim. If your case is particularly complex and you feel like your employer is seeking to take advantage of you while you’re in a vulnerable state, it wouldn’t hurt to speak to an employment lawyer for help getting your proper benefits. If your claim is denied, a lawyer can help with your appeal as well.

Contact a Lawyer Today

At Barry Law Group, we can help you determine your next steps if you are fired while on workers’ compensation. Contact us to speak with a valued team member about how we can help your case.