A 132a claim is generally treated separately from a regular workers' comp claim. The regular injury claim will normally be resolved before the 132a claim. There is also a difference in who will be defending the claim for the employer. Employers must have workers' compensation insurance in California. When an employee files a claim, it is usually turned over to the insurance company. The injured worker then deals directly with the insurance company. The insurance company may also hire an attorney to represent it in court. Because discrimination is an intentional act by the employer, it is usually not part of an insurance policy. Therefore, the injured worker will deal directly with the employer on the 132a claim. As the employer may not have a legal understanding of a 132a claim, it will usually hire their own attorney.