Getting hurt on the job is stressful enough—but getting fired while you’re recovering adds a whole new level of anxiety. Many workers in California wonder: Can I be fired while on workers’ compensation? And if I am, what rights do I have?
At CA Workers Compensation Attorney, we hear this concern often from injured workers who feel vulnerable and unsure about what comes next. The truth is, California workers do have legal protections—but there are important distinctions to understand.
In this article, we’ll explain your rights if you’re fired while on workers’ comp in California, when termination is legal, when it’s retaliation, and what you can do to protect your job, your income, and your recovery.
Can You Be Fired While on Workers’ Compensation in California?
The short answer: Yes, but only under certain conditions.
California is an at-will employment state, which means employers can terminate employees for nearly any reason—or no reason at all—as long as it’s not illegal or retaliatory. That includes employees who are on workers’ comp or medical leave.
However, your employer cannot legally fire you because you filed a workers’ compensation claim or because you’re injured. That would be a form of retaliation, which is strictly prohibited under California Labor Code §132a.
What Is Illegal Termination While on Workers’ Comp?
If you’re fired because you were injured at work, or because you exercised your legal right to file a workers’ comp claim, that’s considered wrongful termination or retaliation.
Under Labor Code §132a, it is illegal for an employer to:
- Fire you for filing a workers’ comp claim
- Threaten or discriminate against you for seeking medical treatment
- Retaliate against you for missing work due to a work-related injury
- Treat you differently because of your disability or injury status
If this happens, you may be entitled to:
- Reinstatement to your previous job
- Reimbursement for lost wages and benefits
- Additional compensation of up to $10,000 under §132a
- Legal fees and penalties against your employer
You may also have a separate wrongful termination or discrimination claim outside the workers’ comp system, depending on the circumstances.
When Can an Employer Legally Fire an Injured Worker?
That said, not all terminations involving injured workers are illegal.
Your employer may legally terminate your employment if:
- The business is downsizing or restructuring and your role is eliminated
- You violated company policy or engaged in misconduct
- You were already on performance-related probation before the injury
- Your position can no longer be accommodated due to physical restrictions after a lengthy absence
In these cases, termination isn’t based on your injury or workers’ comp claim—it’s based on business needs or unrelated employment factors.
That’s why it’s important to gather documentation and speak with a qualified workers’ compensation attorney before assuming your termination was wrongful.
Does Workers’ Comp Guarantee Job Protection?
Unfortunately, filing a workers’ comp claim does not automatically protect your job under California law.
Workers’ comp is designed to pay for your medical care and partial lost wages, but it doesn’t include job reinstatement provisions unless your termination was retaliatory.
However, other laws may protect your job, including:
1. California’s Fair Employment and Housing Act (FEHA)
If your work-related injury results in a disability, your employer must offer reasonable accommodations—like modified duties or a light-duty position—unless doing so causes undue hardship.
2. Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
If eligible, you may qualify for up to 12 weeks of job-protected leave while recovering from a serious health condition. However, FMLA/CFRA doesn’t apply to all employers or employees.
What Happens to Your Workers’ Comp Benefits If You’re Fired?
The good news is: Being fired doesn’t automatically cancel your workers’ compensation benefits.
If your injury is valid and accepted, you are still entitled to:
- Medical care related to your work injury
- Temporary disability benefits if you are still unable to work
- Permanent disability benefits if applicable
- Vocational rehabilitation or supplemental job displacement benefits if you cannot return to your former job
In fact, if your employer fires you before offering modified or alternative work, you may still qualify for full disability payments and job retraining benefits.
A workers’ comp attorney can ensure your claim remains active even after a termination—and fight for all benefits you’re entitled to.
Can I Still File a Workers’ Comp Claim After Being Fired?
Yes. If you were fired before you had the chance to file a claim—or if your injury symptoms didn’t surface until later—you can still file a workers’ comp claim, as long as you do it within the legal time limits.
California gives injured workers one year from the date of injury or the date they became aware of a work-related condition to file a claim.
However, if you were fired shortly after getting injured or reporting unsafe conditions, that could be a red flag for retaliatory discharge. Don’t wait—speak with a lawyer immediately.
What Should You Do If You Were Fired While on Workers’ Comp?
Here’s how to protect yourself and your legal rights:
1. Get Everything in Writing
Ask for a written explanation of your termination, and keep copies of:
- Your termination letter
- Any performance reviews
- Emails or memos related to your injury
- Your workers’ comp claim documentation
2. Continue Medical Treatment
Follow your treatment plan and keep all medical appointments. This helps preserve your claim and proves your injury is legitimate.
3. Do Not Sign Anything Without Legal Advice
Employers may ask you to sign a release or severance agreement. Don’t do it until you’ve spoken with a workers’ comp attorney.
4. Contact a Workers’ Compensation Attorney
An experienced attorney can determine whether your termination was lawful, preserve your benefits, and pursue a §132a retaliation claim or wrongful termination case if applicable.
How CA Workers Compensation Attorney Can Help
At CA Workers Compensation Attorney, we stand up for injured workers who are treated unfairly. If you’ve been fired while on workers’ comp in California, we can:
- Determine whether your termination was legal or retaliatory
- Ensure your benefits continue uninterrupted
- File a §132a discrimination claim if you were wrongfully fired
- Help you access vocational retraining or disability payments
- Represent you in settlement negotiations or court hearings
We serve clients throughout California and offer free consultations. You don’t pay unless we win your case.
Final Thoughts
Being fired while on workers’ comp can leave you feeling powerless—but under California law, you still have rights.
While your employer can terminate you for valid business reasons, they cannot legally fire you for filing a workers’ compensation claim or for being injured on the job. And even if you’re let go, you may still qualify for medical benefits, wage loss payments, and more.
Don’t face this alone. Let our experienced legal team help you fight back, protect your future, and get the compensation you deserve.
Contact CA Workers Compensation Attorney for a Free Case Review
We’ll explain your rights, answer your questions, and help you take the next steps with confidence.