San Diego Workers' Compensation Retaliation Lawyer

Protecting Your Rights After a Work Injury

State and federal laws afford protections to employees, including protection of your job while you are recovering from injuries and remedies if you have endured discriminatory treatment by an employer for utilizing the workers' compensation system.

At the Law Office of Leslie S. Shaw, A P.C., we provide experienced, professional and caring legal guidance to injured workers in San Diego. Our workers' compensation retaliation attorney can explain your rights, examine your situation and help you identify if you have a case for workers' compensation retaliation. Call 619-683-2346 or e-mail us for a free initial consultation.

Fight Back Against Employer Retaliation

When an employee suffers an on-the-job injury, such as a back or neck injury, a repetitive stress injury or any other work injury, it leaves both the employee and employer in a challenging situation: The employee is forced to address wage loss, medical bills and other issues through the complicated workers' compensation system — all while dealing with the physical and emotional aspects of a sudden injury; and the employer's resources are strapped while the worker is recovering from injuries. Unfortunately, this often results in mistreatment of the employee by the employer and even by co-workers.

  • Were you treated unfairly after filing a workers' compensation claim?
  • Were you bullied into returning to work too soon and were subsequently terminated for "under-performing"?
  • Did your employer place undue pressure on you to return to full duty, even though your doctor still approves of your modified work duty?
  • Are you suddenly receiving verbal or written warnings about "performance issues" — even though you have a history as an extraordinary worker?
  • Has the verbal abuse caused you to suffer emotional problems requiring psychiatric treatment?

The federal Family and Medical Leave Act (FMLA) may provide job protection to injured employees who are away from work for a period of up to 12 weeks (consecutive or intermittent leave). During this time, the employee's job may be protected. The employee may qualify for continuation of health insurance benefits — at the employee's expense — through COBRA (Consolidated Omnibus Budget Reconciliation Act) for up to 18 months (and in certain situations, up to 36 months). California Labor Code section 132a provides a legal remedy to employees who have suffered discriminatory termination in connection with filing for workers' compensation benefits.

Our workers' compensation lawyer knows the law. We also understand the situations our clients are forced into when they file claims for workers' comp benefits and even when they return to work — whether on light duty or full duty. The employment discrimination and harassment that is frequently endured by injured workers is unfair, unacceptable — and unlawful. Unfortunately, demonstrating disparate treatment between injured workers who have filed workers' compensation claims and other employees is intimidating and is frequently unsuccessful for employees who attempt to handle the matter without an experienced attorney. It is vital to have an experienced, aggressive workers' compensation attorney who is dedicated to protecting your interests.

Contact Us for a Free Initial Consultation

Workers' compensation retaliation can be extremely difficult to prove without an experienced lawyer advocating for your interests. Put our experience and knowledge on your side. Please call us at 619-683-2346 to arrange an initial consultation. You may also e-mail us. We represent clients on a contingency fee basis. This means you pay no attorney fees unless we secure compensation on your behalf. From our office in San Diego, we represent clients in Chula Vista and throughout San Diego County.