§132a Discrimination

LABOR CODE SECTION 132a

An employer who discriminates against an injured employee may be found in violation of California Labor Code §132a. This statute makes it illegal to discriminate against any employee for claiming workers' compensation benefits, or for assisting another employee to do so. Violation of this statute is a misdemeanor, and subjects the employer to a 50% penalty against workers' compensation benefits, up to a maximum of $10,000.

Such an employee may also be entitled to reinstatement and reimbursement for lost wages and work benefits. Generally speaking, defense costs of a claim against an employer for Labor Code §132a discrimination are not covered by the employer's policy of workers' compensation insurance. By law, the penalties and reinstatement costs are uninsurable.

As a Certified Specialst in California Workers' Compensation Law, Jerald P. Grainger has represented and effectively defended employers in Labor Code §132a dicrimination claims throughout California over the past three decades.