Any employee who suffers discrimination or retaliation as a result of filing a workers compensation claim in California should remember that he generally may have an option of bringing two different claims : (1) the 132(a) claim for unlawful retaliation at the Workers Compensation Appeals Board and (2) wrongful termination/disability discrimination case under ADA/FEHA in court. Under City of Moorpark v Sup. Ct. (1998), an employee bringing a 132(a) claim is not precluded from having a court action for the same underlying violation. This means that if you have been terminated shortly after filing a workers comp claim, and there appears to be evidence that the true reason for your termination is your claim filing, you can bring two different claims at the same time to maximize your recovery.
Having two cases filed at the same time against your employer has two strategic advantages: (1) it will maximize your money recovery; and (2) it will increase the pressure on the employer to take your case(s) seriously by making them spend more in attorneys fees due to having to defend both claims. The above two claims for retaliation and wrongful termination are, of course, in addition to the workers comp claim itself, which is designed to compensation you for the injury and the disability % rating which will be determine at your AME/QME.