Certified Specialist in California Workers’ Compensation

California law provides strong protections for injured workers. It’s illegal for your employer to fire you, demote you, discriminate against you, or retaliate in any way simply because you filed a workers’ compensation claim or suffered a work injury.

Yet it happens every day. Injured workers are fired while recovering, denied modified work opportunities, passed over for promotions, or subjected to hostile work environments—all because they dared to exercise their legal rights.

You don’t have to accept this.

At the Law Office of Joseph T. Todoroff, we aggressively protect the employment rights of injured workers. As a Board-Certified Specialist in Workers’ Compensation Law, Joseph understands both the workers’ compensation system and employment law protections that shield injured workers from retaliation.

If you’ve been fired, demoted, or discriminated against for filing a workers’ comp claim, you may be entitled to significant additional compensation—including reinstatement, back pay, and penalties up to $10,000 or more.

California Labor Code Section 132a makes it illegal for employers to:

• Discharge (fire) you
• Threaten to discharge you
• Discriminate against you
• Refuse to hire you

Simply because you:

• Filed a workers’ compensation claim
• Suffered a work-related injury or illness
• Hired an attorney to represent you
• Testified or plan to testify in a workers’ comp proceeding
• Received workers’ compensation benefits

These protections apply even if:

• You’re an at-will employee
• You haven’t worked there very long
• Your employer claims other reasons for termination
• You were a “difficult” or “problematic” employee
• Your performance had issues

The protection is absolute. Your employer cannot use your workers’ compensation claim or injury as a motivating factor in any adverse employment action.

1. Wrongful Termination (132a Claims)

What is a 132a Claim? A claim under California Labor Code Section 132a for wrongful termination or discrimination based on your work injury or workers’ compensation claim.

Common Wrongful Termination Scenarios:

Fired While on Temporary Disability You’re recovering from your work injury, receiving temporary disability benefits, and your employer terminates your employment claiming “position eliminated” or “downsizing.”

Fired Shortly After Filing Claim You file a workers’ compensation claim on Monday. By Friday, you’re terminated for alleged “performance issues” that were never documented before.

Fired When You Can’t Return to Full Duty Your doctor releases you to modified work within restrictions, but your employer terminates you claiming they can’t accommodate restrictions or “need someone who can do the full job.”

Constructive Discharge Your employer makes working conditions so intolerable after your injury that you’re forced to quit. This is treated as wrongful termination.

What You Can Recover in 132a Claims:

Reinstatement

• Your job back with same position, pay, and benefits
• Or front pay (future lost wages) if reinstatement isn’t feasible

Back Pay

• All wages lost from termination until resolution
• Benefits you would have received (health insurance, 401k, etc.)
• Raises and promotions you would have gotten

Additional Compensation

• Up to $10,000 penalty
• Increased by 50% if discrimination continues
• May be higher for egregious violations

Attorney Fees and Costs

• Your employer pays your attorney fees
• Court costs and litigation expenses

Example: Worker earning $60,000/year is fired while on workers’ comp. Case takes 18 months to resolve. Recovery: $90,000 back pay + $10,000 penalty + reinstatement + attorney fees = $100,000+ paid by employer.

2. Denial of Modified Work

Your Right to Modified Work

When your doctor releases you to return to work with restrictions (modified duty, light duty), your employer must consider whether they can accommodate those restrictions.

Common Scenarios:

Employer Refuses to Provide Modified Work Your doctor releases you to light duty. Your employer has light duty work available but refuses to offer it, claiming “we don’t have anything” or “we don’t do light duty.”

Employer Offers Unrealistic Modified Work Your employer offers “modified” work that actually violates your medical restrictions—expecting you to fail so they can terminate you.

Employer Eliminates Your Position While you’re recovering, your employer eliminates your position and claims there’s nothing available when you’re ready to return.

Modified Work as Harassment Employer gives you demeaning, humiliating, or make-work assignments designed to force you to quit.

Your Rights:

• If suitable modified work exists within your restrictions, employer must offer it
• If no modified work available, you continue receiving temporary disability
• Employer cannot force you to work outside medical restrictions
• Refusal to accommodate may be discrimination under 132a

What We Fight For:

• Temporary disability benefits if no modified work available
• 132a claim if denial is discriminatory
• Supplemental Job Displacement Benefits ($6,000 voucher)
• Vocational rehabilitation when appropriate

3. Discrimination and Harassment

Forms of Discrimination:

Denied Promotions or Raises You’re passed over for promotions or denied raises you would have received if not for your injury.

Demoted or Transferred You’re moved to less desirable position, shift, or location after filing workers’ comp claim.

Hostile Work Environment Coworkers or supervisors harass you about your injury, make jokes, question legitimacy of claim, or create hostile atmosphere.

Negative Performance Reviews After injury, you suddenly receive poor performance reviews despite no change in actual performance.

Excluded from Meetings or Communications You’re left out of important meetings, communications, or decisions after returning from injury.

Reduced Hours or Responsibilities Your hours are cut or responsibilities reduced in retaliation for workers’ comp claim.

What You Can Recover:

• Compensation for lost wages, benefits, opportunities
• Emotional distress damages
• Penalties under 132a
• Attorney fees

4. Serious and Willful Misconduct

What is Serious and Willful Misconduct?

If your employer’s serious and willful misconduct caused or contributed to your injury, you may be entitled to a 50% increase in your permanent disability benefits plus additional compensation.

Definition: Serious and willful misconduct means your employer:

• Knew of a workplace hazard
• Knew the hazard could result in serious injury or death
• Deliberately failed to correct the hazard or warn employees
• Your injury resulted from that hazard

Common Serious and Willful Scenarios:

OSHA Violations

• Employer violated Cal/OSHA safety regulations
• Violation was serious (likely to cause death or serious harm)
• Employer knew or should have known of violation
• Violation caused your injury

Removal of Safety Equipment

• Employer removed or disabled safety guards on machinery
• Employer knew equipment was dangerous without guards
• You were injured as a result

Known Hazards Not Corrected

• Employer knew of specific dangerous condition
• Hazard was reported by employees or inspectors
• Employer failed to correct hazard
• You were injured by that hazard

Failure to Provide Required Safety Equipment

• Employer required to provide fall protection, respirators, etc.
• Employer knew equipment was required
• Employer deliberately failed to provide equipment
• You were injured as a result

What You Can Recover:

50% Increase in Permanent Disability Benefits If your permanent disability is $100,000, serious and willful adds $50,000 = $150,000 total

Additional Penalties Up to $5,000 (or more in egregious cases)

Attorney Fees Employer pays your attorney fees

Example: Construction worker suffers serious injury due to employer’s failure to provide required fall protection despite multiple OSHA warnings. Permanent disability award: $120,000. With serious and willful 50% increase: $180,000.

Requirements to Prove:

• OSHA violation or known hazard
• Employer’s actual knowledge
• Deliberate decision not to correct
• Proximate cause of injury

This is a high bar, but when met, the additional compensation can be substantial.

5. Return to Work Disputes

Common Return to Work Issues:

Employer Claims No Work Available You’re released to full duty, but employer claims your position was eliminated or no work is available.

Disputes Over Medical Restrictions Employer disputes your doctor’s restrictions, claims restrictions are too limiting, or pressures you to return to full duty before medically cleared.

Forced to Work Outside Restrictions Employer pressures you to violate medical restrictions or terminates you when you refuse.

Different Pay or Benefits Upon Return You return to work but at lower pay, fewer hours, or reduced benefits compared to before injury.

Isolated or Marginalized After Return You’re treated differently, excluded from team, or given degrading assignments after returning from injury.

Your Rights:

• Right to return to work when medically cleared
• Employer must accommodate reasonable restrictions
• Cannot be fired for adhering to medical restrictions
• Entitled to same pay/position unless legitimately unavailable
• Protected from retaliation for exercising workers’ comp rights

6. Constructive Discharge

What is Constructive Discharge?

When your employer makes working conditions so intolerable that a reasonable person would feel compelled to resign, this is treated as wrongful termination.

Common Scenarios:

• Severe harassment about your injury
• Impossible work demands designed to make you fail
• Humiliating or demeaning assignments
• Isolation from coworkers
• Constant criticism or write-ups
• Hostile, aggressive supervision

Legal Standard: Working conditions must be so intolerable that a reasonable person in your position would have no choice but to resign.

What You Can Recover: Same as wrongful termination—reinstatement or front pay, back pay, penalties, attorney fees.

Our Proven Strategy

Step 1: Immediate Documentation

• Preserve all evidence of discrimination
• Document timeline of events
• Identify witnesses
• Obtain relevant company documents

Step 2: Legal Analysis

• Determine if 132a violation occurred
• Assess strength of case
• Calculate potential damages
• Identify all claims available

Step 3: Strategic Approach

• File 132a petition with WCAB
• Demand reinstatement and back pay
• Pursue penalties
• Negotiate settlement when appropriate

Step 4: Aggressive Advocacy

• Present compelling evidence of discrimination
• Challenge employer’s pretextual reasons
• Cross-examine employer witnesses
• Demonstrate discriminatory motive

Step 5: Maximize Recovery

• Reinstatement or front pay
• All back pay and lost benefits
• Maximum penalties
• Attorney fees from employer

$6,000 Voucher for Retraining

If your work injury prevents you from returning to your previous job, you may be entitled to Supplemental Job Displacement Benefits.

What is SJDB? A voucher worth up to $6,000 for:

• Education or retraining
• Skills enhancement
• Vocational training
• Community college courses
• Certification programs
• Job search assistance
• Resume development

Eligibility:

• Permanent disability from work injury
• Cannot return to previous job due to restrictions
• Employer does not offer modified or alternative work within restrictions

How to Use SJDB Voucher:

• Enroll in eligible educational/vocational programs
• Pay for tuition, books, fees, tools
• Two years from date of voucher to use funds

Why This Matters: If your injury prevents you from continuing in your occupation, SJDB helps you retrain for new career.