February 6, 2025 | Personal Injury

What If I Lost My Job Due to an Accident or Injury in California?

What If I Lost My Job Due to an Accident or Injury in California?

If you lost your job due to an accident or injury, you may be entitled to compensation for lost wages, medical expenses, and pain and suffering. California law provides protection in many cases, whether or not the accident was work-related. However, it’s important to note that California follows at-will employment, meaning an employer can terminate employment for any reason unless prohibited by law or an employment contract. Understanding your rights can help you determine if you have grounds for legal action.

Workers’ compensation is a government-sponsored program that provides limited compensation to victims of work-related accidents. Below is a summary of its benefits:

  • Medical expenses: 100% of your medical expenses
  • Temporary disability benefits: Two-thirds of your previous earnings. There is a weekly minimum of $252.03 and a weekly maximum of $1,680.29.
  • Permanent disability benefits (if you qualify)
  • Job displacement benefits: Covers retraining if your injury prevents you from returning to your previous job.

To the extent that you rely on workers’ compensation, you don’t have to prove your employer was at fault to qualify. In fact, in many cases, you can qualify for compensation if the accident was your fault. 

You normally cannot sue your employer under the workers’ compensation system. Furthermore, workers’ compensation pays limited damages. You cannot recover non-economic damages such as pain and suffering, and you cannot qualify for punitive damages.

Can Your Employer Fire You After an Accident or Injury?

Your employer cannot fire you after an accident or injury under the following circumstances: 

  • If your injury was work-related, the California Fair Employment and Housing Act (FEHA) prevents your employer from firing you in retaliation for filing a workers’ compensation claim.
  • Your employer cannot fire you for taking medical leave due to a work-related injury. Under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), eligible employees can claim up to 12 weeks of unpaid, job-protected leave for serious health conditions. If your employer terminates you during this leave time, it might violate your rights.
  • Regardless of whether your injuries were work-related, both FEHA and the Americans With Disabilities Act prevent your employer from firing you without attempting to make “reasonable accommodations” for your disability. An example of a ‘reasonable accommodation’ would be a sit-stand workstation that allows the employee to alternate between sitting and standing throughout the day.

If none of these circumstances apply, your employer can fire you after an accident or injury as long as there is no other legal provision at play (racial discrimination, for example). 

Third-Party Personal Injury Lawsuits

Regardless of whether your injuries were work-related, you can sue an at-fault third party for your injuries (except your employer if you are receiving workers’ compensation). You can seek compensation through a personal injury lawsuit for:

You may also be entitled to punitive damages in certain cases. Although courts rarely award punitive damages, non-economic damages often add up to several times the amount you receive for medical expenses.

What Third Party Might Be Held Responsible For My Accident?

The personal injury lawsuit option is particularly attractive for victims of work-related injuries. Due to the low compensation available under the workers’ compensation system, many injured workers prefer to look for an at-fault third party to sue, such as:

  • The other driver in a work-related car accident or truck accident
  • The owner of a construction site, if the injury arises from a dangerous condition on the site
  • The manufacturer of a defective tool or piece of equipment that injured you 

Regardless of whether your injury was work-related, you will have to prove your claim under the “preponderance of the evidence” (greater than 50% likelihood) standard.  

Do You Need a Lawyer to Help You Fight Back?

Losing your job due to an accident or injury can be overwhelming, but understanding your rights is crucial. Whether you are eligible for workers’ compensation, protection under employment laws, or a personal injury lawsuit, you may have legal options to recover lost wages, medical expenses, and other damages. Navigating these claims can be complex, and securing the compensation you deserve often requires skilled legal representation. If you believe you were wrongfully terminated or need assistance pursuing a claim, consulting an experienced attorney can help you fight for justice and financial recovery.

Contact the California Personal Injury Lawyers at The Simon Law Group Today

For more information, please contact an experienced personal injury lawyer at The Simon Law Group to schedule a free initial consultation today. We have three convenient locations in California, including Torrance, Hermosa Beach, and Santa Ana, CA. We also have offices in Phoenix, AZ, and Austin, TX.

We proudly serve Los Angeles County and Orange County, CA, and its surrounding areas:

The Simon Law Group – Torrance, CA Office
2916 W 164th St Second Floor,
Torrance, CA 90504
(424) 622-0812 

The Simon Law Group – Hermosa Beach, CA Office
34 Hermosa Ave,
Hermosa Beach, CA 90254
(424) 722-3209

The Simon Law Group – Santa Ana, CA Office
1327 N Broadway,
Santa Ana, CA 92706
(714) 581-8546