Q: I filed retaliation termination and I got workers comp

A: The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and consult with an employment law attorney who can review not only the settlement agreement, but also the facts giving rise to your belief that you were unlawfully retaliated against. Good luck to you.

A: Yes, you can potentially still file a retaliation claim even though you've received a workers' compensation settlement. These are two separate legal issues - one deals with your workplace injury, while the other addresses how your employer treated you.

Your workers' comp settlement typically covers your medical expenses and lost wages from the injury itself. The retaliation claim would focus on any negative actions your employer took against you because you filed for workers' comp or reported unsafe conditions. This could include harassment, demotion, termination, or other unfair treatment.

However, there are strict time limits for filing retaliation claims in California, so you should act quickly. Consider speaking with an employment lawyer who can review your specific situation and explain your options. Many offer free initial consultations and can help determine if you have a viable retaliation case worth pursuing.