San Francisco, CA asked in Workers' Compensation for California

Q: Is there any legal recourse if I’ve recently have new evidence that the employer terminated me wrongfully?

I was injured on the job 22 months ago and was fired while I was still on medical leave. I was able to get my personnel file and peice together some evidence that shows the employer wrongfully terminated me.

It’s been more than a year so I can file labor code 132a. My claim has been accepted but the employer falsified some ducoments and the carrier will not start some benefits.

Will I need to file a civil suit or can it be litigated at wcab?

Related Topics:
1 Lawyer Answer

Ronald Mahurin

Answered
  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: There is no tolling of the 132a statute of limitations. You have one year from the event to file a claim. However, I believe the SOL for a civil claim is 2 years, so you can still file a civil suit if your case meets the standard for a civil claim. Expect that the employer will raise the exclusive remedy doctrine, which means a work injury can only be litigated before the WCAB. Wrongful termination is very had to prove and if you were an at will employee, you are going to have a hard time finding an employment attorney to take the case, especially if you have not been cleared to return to work because there is no wage loss.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.