One of the most common fears injured workers have is whether filing a workers’ compensation claim will cost them their job.
As a Florida worker’s compensation lawyer who has practiced for over 30 years, it’s a concern we have seen from clients many times. The good news is that Florida law provides strong protections against retaliation for filing workers’ compensation claims.
However, even with strong laws in place, you may need a work injury attorney to help you.
As a Florida work injury lawyer with over 30 years of experience with workers’ compensation cases, Adam Baron can help you understand your rights, help you get the treatment and benefits you deserve, and keep you from having to deal with the Florida work comp “system” all on your own. From Boca Raton to Coral Springs to Miami, the work injury law firm of Adam Baron can help.
If you were injured or became sick while working, we can help. Call Adam Baron at 954-247-HURT now for a Free, No-Obligation Case Review.
Florida Law Prohibits Retaliation
Florida law prohibits retaliation against an employee seeking worker compensation benefits under Florida Statute 440.205.
440.205 Coercion of employees.—No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.
As an employee who has suffered an injury at work and made or attempted to make a workers’ compensation claim, you are protected from retaliation by Florida law. This means your employer cannot legally fire, harass, or take any other adverse action against you simply because you filed a workers’ compensation claim.
The law protects you for several activities related to workers’ compensation, including:
- Filing and pursuing a workers’ compensation claim, regardless of approval or denial
- Attempting to file a claim (even if retaliation prevented the filing)
- Cooperating with workers’ compensation investigations
- Testifying in workers’ compensation proceedings
Understanding At-Will Employment
While Florida law protects against retaliation, it’s important to understand that Florida is an at-will employment state.
Employers can fire employees at any time without reason, provided they do not violate the law. This means your employer can still terminate you for legitimate business reasons unrelated to your workers’ compensation claim, such as:
- Poor job performance that existed before your injury
- Violation of company policies
- Economic layoffs or business restructuring
- Attendance issues unrelated to your work injury
The key distinction is that the termination cannot be “because” you filed a workers’ compensation claim or exercised your rights under workers’ compensation law.
What Constitutes Illegal Retaliation?
Retaliation can take many forms beyond just firing. Under Florida State and Federal labor laws, it is illegal to terminate, demote, harass, refuse promotion, alter benefits, change job duties, or in other words, retaliate against an individual for filing a complaint or lawsuit against an employer.
Examples of illegal retaliation include:
- Termination shortly after filing a claim
- Demotion or reduction in responsibilities
- Harassment or hostile work environment
- Denial of benefits or promotional opportunities
- Creating impossible working conditions to force you to quit
Proving Retaliation Can Be Complex – And Why Attorneys May Need to Be Involved
Proving unlawful retaliation is often complicated, but hiring an experienced and knowledgeable Florida work injury law attorney can help prove your case. To successfully prove retaliation, you typically need to establish:
- You engaged in protected activity (filing a workers’ comp claim)
- Your employer took adverse action against you
- There was a causal connection between the protected activity and the adverse action
- The employer’s stated reason for the action was pretextual
Solutions for Retaliation
If you can prove that your employer retaliated against you for filing a workers’ compensation claim, you may be entitled to significant damages.
Successful claims may result in recovery of back pay, future lost wages, emotional distress damages, and punitive damages. You can recover lost wages, payment for future medical care, a loss of earning capacity, and loss of enjoyment of life on top of the claim.
Employees who experience retaliation can file a lawsuit in state circuit court, but it’s important to act promptly as claims must be filed within four years.
Do You Need a Lawyer?
Given the complexity of proving retaliation and the significant stakes involved, having legal representation is highly recommended if you believe you’ve been retaliated against. Here’s why:
Complex Legal Standards: Retaliation cases require proving causation and intent, which can be challenging without legal expertise and experience with similar cases.
Evidence Preservation: An attorney can help you gather and preserve crucial evidence, including documentation of the timing of adverse actions, witness statements, and company communications.
Dual Claims: You may be able to pursue both your workers’ compensation benefits and a separate retaliation lawsuit, potentially recovering much more than workers’ compensation alone would provide.
Employer Resources: Your employer likely has legal counsel advising them on how to minimize liability. You need someone fighting for your interests with equal skill and resources.
Protecting Yourself
If you’re concerned about retaliation, document everything. Keep records of your communications with supervisors, note any changes in how you’re treated at work, and save all written communications. If you experience what you believe to be retaliation, contact an experienced employment attorney immediately.
Remember, you have the right to file a workers’ compensation claim without fear of losing your job. Don’t let the threat of retaliation prevent you from seeking the benefits you’re entitled to under Florida law. If retaliation does occur, you have legal remedies available to hold your employer accountable and recover the damages you’ve suffered.
The Law Offices of Adam Baron, P.A. have represented hurt workers and accident victims for over 30 years. We understand how frustrating and challenging this time can be and we know how to help you through it. Our Florida work injury attorneys are aggressive when it comes to obtaining compensation and justice on behalf of our clients.
If you were injured or became sick while working, we can help. Call Adam Baron at 954-247-HURT now for a Free, No-Obligation Case Review.