“Can they fire me while I’m on workers’ comp?”

What § 132a does

The law prohibits discharging, threatening to discharge, or discriminating against an employee because they filed a claim, intended to file, or testified in someone else’s.

Remedies: compensation increased by one-half capped at $10,000, up to $250 in costs, reinstatement, and lost wages and benefits. Violation is a misdemeanor. One year to file.

The proof standard is narrower than people expect. Under Department of Rehabilitation v. WCABWCAB Workers’ Compensation Appeals Board. The court system that decides these cases. 23 district offices statewide. (Lauher) and Gelson’s Markets v. WCAB, detrimental consequences flowing from an injury are not automatically discrimination — the question is whether you were treated differently than a comparable employee who was not industrially injured.

What actually protects you more

FEHA — California’s disability discrimination law. A work injury can be a disability under FEHA, including a temporary one. FEHA requires:

• Reasonable accommodation
• A good faith interactive process about what accommodation is possible

Firing instead of accommodating is a FEHA violation. And unlike § 132a, FEHA has no $10,000 cap — it provides emotional distress damages, punitive damages, and attorney’s fees.

Failure to engage in the interactive process is a separate violation from failure to accommodate. Employers lose on it constantly, because they skip the conversation.

CFRA and FMLA may also apply, depending on the employer’s size and your tenure.

If you were fired after a work injury, the § 132a petition is worth filing and it is frequently the smaller half of the case.

What an employer can still do

Eliminate your position in a genuine reduction in force. Terminate for documented misconduct or performance unrelated to the injury. Decline to create a job that does not exist. Decline to keep you in a position you cannot perform even with reasonable accommodation — but only after actually engaging in the interactive process.

Does getting fired end my claim?

No. Your medical treatment, your permanent disabilityPD Permanent Disability. Compensation for lasting impairment. A different and much lower weekly rate — 2026 maximum $290/week., and your settlement rights are unaffected by whether you still work there.

Termination can affect temporary disabilityTD / TTD / TPD Temporary Disability, Total or Partial. Wage replacement while recovering. Two-thirds of average weekly earnings; 2026 maximum $1,764.11/week. in some circumstances, and it can strengthen the job displacement voucher — which is generally owed where the employer does not offer regular, modified, or alternative work. How the voucher works.