If you’ve been injured at work in California, you have the right to report your injury and file a workers’ compensation claim without fear. Unfortunately, not every employer respects that right. Some workers are fired, demoted, threatened, or harassed simply for trying to get the medical care and wage benefits they deserve.
At Kinsler Law, we regularly speak with workers across Ventura County — from Oxnard to Santa Paula — who are afraid to speak up about a workplace injury because they fear retaliation. If this sounds like your situation, you are not alone — and California law is on your side.
What Is Retaliation?
Retaliation occurs when an employer punishes or mistreats a worker for exercising a legal right — such as reporting a job-related injury or filing a workers’ compensation claim.
Common forms of employer retaliation include:
- Firing or laying off the injured worker
- Reducing work hours or reassigning to less desirable shifts
- Threatening to report immigration status
- Harassing or isolating the employee
- Denying promotions or advancement
- Giving poor performance reviews after the injury
- Discouraging or blocking medical treatment
Retaliation can be subtle or obvious, but the key question is:
Did the employer take negative action against you because you reported a work injury or filed a claim?
If so, your rights may have been violated — and you may be entitled to legal remedies.
What Does California Law Say About Retaliation?
California has some of the strongest worker protections in the country. Several laws prohibit retaliation against injured workers, including:
Labor Code §132a:
This section of California law specifically states that:
“Any employer who discharges, threatens to discharge, or in any manner discriminates against any employee because the employee has filed or made known their intention to file a workers’ compensation claim is guilty of a misdemeanor and liable for damages.”
Other protections:
- California’s Fair Employment and Housing Act (FEHA)
- California Labor Code §98.6 (protecting workers who assert workplace rights)
- Federal anti-retaliation laws in some cases
If your employer violates these laws, they may owe you reinstatement, back pay, penalties, and possibly even additional damages.
What Should You Do if You Suspect Retaliation?
If you believe your employer is retaliating against you for reporting an injury or filing a claim, it’s important to act quickly.
Steps to take:
- Document everything — emails, texts, write-ups, schedule changes, and witnesses
- Keep records of your work performance before and after the injury
- Avoid signing anything from your employer until you’ve spoken to a lawyer
- File a retaliation complaint with the California Labor Commissioner or consult an attorney
- Speak with a workers’ compensation lawyer who can help protect both your injury claim and your rights against retaliation
At Kinsler Law, we help workers navigate both injury claims and retaliation claims — often at the same time.
What If You’re Undocumented or Paid in Cash?
Your rights remain fully protected. California law does not require legal immigration status to access workers’ compensation or to be protected from retaliation.
Whether you are undocumented, paid in cash, or not listed on payroll, you still have legal protections. Your employer cannot legally use your status as a weapon against you.
You May Be Entitled to Additional Compensation
If your employer has retaliated against you, you may be able to seek:
- Reinstatement to your job
- Back pay for lost wages
- Compensation for emotional distress
- Penalties and interest
- Additional damages under Labor Code §132a
- Continued workers’ compensation benefits
These claims can be complex, so it’s important to get legal guidance early.
Kinsler Law Protects Injured Workers Facing Retaliation
We understand how stressful it is to get hurt on the job — and how much worse it is when your employer turns against you for simply asking for help. At Kinsler Law, we represent injured workers across Ventura County who are:
- Being threatened or fired after filing a claim
- Afraid to report an injury due to immigration status
- Being denied fair hours or treatment after reporting an accident
- Unsure of how to protect themselves legally
Our firm offers:
- Free and confidential consultations
- Representation in English and Spanish
- Zoom and phone appointments for convenience
- No upfront fees — you only pay if we recover compensation for you
Contact Kinsler Law Today
You have the right to recover from a work injury without fear. If your employer is retaliating or trying to silence you, we’re ready to help you stand up for your health, your job, and your future.
Call Kinsler Law today for a free consultation. Let us help you protect your rights and take the next step forward.