- If I file a claim for my work injury can I be fired?
a. If your employer fires you because of your on the job injury he could subject himself to a discrimination claim under Labor Code 132a.
b. Being injured on the job does not prohibit your employer from firing you but it must not be for getting injured or filing a workers compensation claim.
c. When you have a good workers compensation attorney it is less likely they will terminate you without cause.
d. If you qualify for Family Medical Leave Act (FMLA) it will provide you with job security for up to 12 weeks, after that you could be replaced.
Will I Lose My Job if I file a Workers Comp claim?
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