Report the injury and file the claim
If you are hurt at work, report the injury to your employer in writing as soon as possible. The employer must give you a claim form within one working day after learning of the injury. Workers' compensation can cover medical treatment and, when you cannot work, temporary disability benefits, regardless of who was at fault.
The state Division of Workers' Compensation (DWC) has Information and Assistance officers who explain the process for free. Keep copies of your injury report, the claim form and all medical notes about work restrictions.
What Labor Code §132a prohibits
Labor Code §132a makes it unlawful to discharge, threaten or discriminate against an employee because the employee filed or made known an intention to file a workers' compensation claim, received an award, or testified in a workers' compensation case. Discrimination because of the industrial injury itself can also fall under this section.
A §132a claim is filed with the Workers' Compensation Appeals Board, generally within one year of the discriminatory act. If it succeeds, the employee's compensation is increased by a statutory amount, and the employee can be awarded reinstatement and lost wages and benefits. The employer can defend itself by showing that the action was necessitated by business realities, for example a genuine layoff.
Disability claims under FEHA
A work injury that limits a major life activity can be a disability under FEHA. The employer must then generally engage in a good-faith interactive process with you and provide reasonable accommodation, such as modified duties, a temporary leave or reassignment to a vacant position, unless that would cause undue hardship. Firing an employee because of the disability, or because the employee requested an accommodation, can be unlawful.
FEHA claims start with a complaint to the California Civil Rights Department and can lead to a lawsuit in Superior Court, where different remedies are available than before the Appeals Board. Medical leave under CFRA may also protect time off for a serious health condition.
What to do if you were let go
Write down when you were injured, when and how you reported it, what work restrictions your doctor set and how the employer responded. Note any comments about your claim, your restrictions or the cost of the injury. Keep the termination letter and anything that explains the reason given.
Workers' compensation and employment claims follow different rules, and a settlement in one can affect the other. An employment attorney, together with a workers' compensation attorney where needed, can check which claims fit and how to coordinate them.
Your next steps
- Report a work injury in writing right away and ask for the claim form.
- Retaliation for a workers' compensation claim can be challenged under Labor Code §132a, generally within one year.
- A work injury can also be a disability under FEHA, which requires accommodation.
Sources and legal basis
- California Labor Code §132a
- Division of Workers' Compensation: information for injured workers
- Division of Workers' Compensation: Information and Assistance
- California Government Code §12940 (FEHA)
General information about federal and California law as of October 30, 2026, not legal advice. Your facts and later changes in the law can change the answer. A request does not stop any deadline.