If an employee is terminated after filing a claim for workers' compensation, what compensation terms apply?

If an employee is terminated after filing a claim for workers' compensation, what compensation terms apply?

• A. Reinstatement
• B. 50% increase in the employee's compensation
• C. The employee's compensation shall be increased by one-half, up to $10,000, plus reinstatement and reimbursement for lost wages and work benefits
• D. A finding that the employer is guilty of a misdemeanor plus a 50% increase in the employee's compensation

Answer: (C)

When an employee is terminated for filing a workers’ compensation claim, California law provides retaliation protections that require more than just restoring the job. The employee is entitled to be reinstated and to receive back pay for lost wages and benefits resulting from the retaliation. In addition, there is a civil penalty equal to 50% of the compensation owed due to the retaliation, with a cap of $10,000. This combination—reinstatement, payment for lost wages/benefits, and a 50% penalty up to $10,000—best reflects the compensation terms designed to deter unlawful retaliation and compensate the employee for the harm caused. Options that mention only reinstatement, or propose penalties without the cap or without reinstatement, or suggest a misdemeanor finding, don’t align with these specific protections.

When an employee is terminated for filing a workers’ compensation claim, California law provides retaliation protections that require more than just restoring the job. The employee is entitled to be reinstated and to receive back pay for lost wages and benefits resulting from the retaliation. In addition, there is a civil penalty equal to 50% of the compensation owed due to the retaliation, with a cap of $10,000. This combination—reinstatement, payment for lost wages/benefits, and a 50% penalty up to $10,000—best reflects the compensation terms designed to deter unlawful retaliation and compensate the employee for the harm caused. Options that mention only reinstatement, or propose penalties without the cap or without reinstatement, or suggest a misdemeanor finding, don’t align with these specific protections.