What Documentation Helps Prove Discrimination After a Workers’ Comp Claim?

 Posted on February 13, 2026 in Workers' Compensation

The strongest proof of discrimination after a workers’ compensation claim usually includes written records, but there are many other ways to prove it. If you notice negative changes at work after seeking benefits, gathering evidence early can help protect your rights.

According to the U.S. Equal Employment Opportunity Commission, the agency received 88,531 new discrimination charges in 2024 alone. As of 2026, both federal and California laws continue to protect employees from retaliation tied to workplace injuries. Our San Benito County, CA workers' compensation lawyers can help you gather the evidence you need to prove your claim and pursue compensation.

What Is Considered Discrimination After Filing a Workers’ Comp Claim?

Discrimination happens when an employer treats you unfairly because you reported a work injury or filed a workers’ compensation claim. California Labor Code § 132a makes it illegal for employers to fire, threaten, or discriminate against workers for seeking these benefits.

This type of behavior is often called retaliation. Sometimes it is obvious, but other times it is harder to spot. For example, you may suddenly receive poor performance reviews, lose hours, be reassigned to less desirable duties, or face discipline that seems out of place. A key issue is whether the treatment started after you filed your claim.

Why Is Documentation Important in a Workers’ Comp Discrimination Case?

Employers often say their decisions were based on business needs, not retaliation. Documentation helps show what really changed.

Good records create a timeline that connects your injury report to the treatment that followed. Without proof, it can be harder to show that discrimination occurred. Staying organized also helps your attorney quickly identify patterns that support your claim.

What Documents Can Help Prove Retaliation After a Workers’ Comp Claim?

Strong cases usually rely on more than one type of evidence. The goal is to show a clear negative action or a pattern that began after you filed your claim.

Helpful documentation may include:

• Emails, texts, or internal messages with supervisors
• Performance reviews from before and after your injury
• Disciplinary notices or sudden write-ups
• Pay records showing reduced hours or wages
• Changes in job duties after your claim
• Written complaints to human resources
• Company policies about injuries or leave
• Attendance records tied to medical visits
• Witness statements from coworkers
• Personal notes with dates and details

Try to keep copies in a safe place outside of your workplace.

How Can You Show That Your Employer’s Behavior Changed After You Filed a Workers’ Compensation Claim?

One of the clearest ways to prove discrimination is by showing a shift in how you were treated. For example, if you had strong reviews for years but began receiving criticism after reporting an injury, that timing may raise concerns. Courts and attorneys often look closely at when the different behavior started.

Creating a simple timeline can help show the connection between your claim and the change in treatment.

Can Personnel Records Help Support Your Claim of Discrimination After Filing for Workers’ Comp?

Employer records can provide helpful details about your work history. Under California Labor Code § 1198.5, employees have the right to review certain personnel records. These files may show changes in evaluations, discipline, or job assignments after your injury.

For example, if your employer reduced your hours or reassigned you to a lower-paying position soon after you filed a workers’ compensation claim, that change could raise concerns about retaliation.

When Should You Start Gathering Evidence for a Workers’ Comp Discrimination Case?

Start collecting documentation as soon as you notice a problem. Waiting too long can lead to lost records or forgotten details.

Retaliation claims may also have strict deadlines. Acting quickly gives your attorney more time to review the evidence and advise you on your next steps.

Schedule a Free Consultation With Our Hollister, CA Workers’ Compensation Attorneys

At Raul Martinez Injury Law Firm, we help workers understand their rights and move forward with confidence. Our team is committed to guiding clients through difficult workplace situations with care and clear direction.

Our firm has served clients in Gilroy and the surrounding areas for nearly 30 years, and our current team of attorneys has more than two decades of combined experience in workers' compensation law. If you have questions about your situation, contact our San Benito County, CA workers' compensation lawyers by calling 408-848-1113 and scheduling a free consultation. Hablamos Español.