If you believe your employer terminated your position because you filed a workers’ compensation claim, you have legal rights. Turn to our legal team at Ara Work Injury Law for fast, reliable legal support when you need it the most.
If you file a workers’ compensation claim, it means you were injured on the job and are requesting compensation. Then, you lose your job. This could indicate employer retaliation, which, in Florida workers’ comp cases, is illegal.
What Is Employer Retaliation?
Employer retaliation occurs when an employer punishes a worker for filing a claim against them. In this situation, the employer is punishing you or is implicitly doing so because you filed a workers’ compensation claim or want to do so. There are various ways that retaliation can occur, and sometimes it can be hard to tell. Some examples include:
- Firing you after you file a workers’ compensation claim, often for no reason
- Laying you off after filing a claim
- Cutting your hours without justification
- Demoting you to a lower position or changing responsibilities without a position change
- Harassing you or otherwise creating a hostile work environment
- Threatening your immigration status if you are an undocumented worker
In any of these situations, you may be facing employer retaliation after a Florida workers’ comp claim. That is the key reason to turn to an attorney for help.
Retaliation Is Illegal in Florida
Under Florida Statute §440.205, it is illegal for an employer to retaliate against an employee who files or attempts to file a valid workers’ comp claim against them. This rule applies to all situations, including full-time and part-time workers, temporary workers, and undocumented workers.
That means that if you are hurt on the job, seek workers’ compensation from your employer, who is legally required to maintain coverage, and lose your job for no other reason, the employer can face legal action. Keep in mind that employers may have numerous reasons to terminate employment. However, if you believe retaliation played a role in your termination, seek legal guidance to find out.
How to Prove Retaliation for a Workers’ Compensation Claim
If you are fired after filing workers’ comp in Florida, the burden of proving that the employer was acting illegally is on you. That is, you need to demonstrate that this occurred. To prove it, consider factors such as:
- Timeline: Was the retaliation soon after your injury or after your claim? This helps show the correlation between the two events.
- Evidence: What type of evidence do you have to support the claim? This could include written communication (including in email, text messages, or written by hand) that demonstrates their actions. It may include witness statements, performance reviews, or any shift in treatment you can document.
- Sudden: Was the termination unexplained and sudden? That could indicate a change in job status that is unfair.
If you find that you are in this position, seek the help of a workers’ compensation lawyer in South Florida. Let us investigate what happened and determine how we can prove that retaliation took place.
What You Can Do If You Are Retaliated Against
In situations where you feel you are at risk of losing your job or you have just lost your job after filing a workers’ compensation claim, there are several things you can do to protect your right to compensation and fair treatment.
- Document everything. Take photos of all written communication about the termination and work injury. Be sure that any text messages, emails, and write-ups you have are stored on your hard drive and printed, not left in your messages.
- Write it down. Keep a journal that allows you to communicate everything that is happening. If you just lost your job, spend the next few hours writing down a timeline of what occurred. Keeping this fresh in your mind is important.
- Report the incident. You have the right to file a claim for wrongful termination or retaliation if you have proof that this occurred. This is in addition to your workers’ compensation claim.
Speak to a Florida workers’ compensation attorney now. Do not wait to get the legal guidance you need, but instead, contact an attorney who can offer you a free consultation to discuss your case.
How Ara Work Injury Law Can Help
Injured at work in South Florida? You have rights!
Call Workers’ Comp Attorney Ara Gechijian
561-934-3272
It is not simple to prove that an employer fired you solely because you filed a workers’ compensation claim. For that reason, it is imperative to hire an attorney who can uncover all of the details and build your case for you.
With the help of Ara Work Injury Law, we will work to protect your rights if you believe your job is being threatened right now. We can facilitate conversations with employers to determine what is happening and why. When retaliation is evident, expect our legal team to file a claim for wrongful termination or retaliation. This takes specific care to be considered justified.
We also stand up to employers who try to intimidate injured workers. If you suspect someone is not treating you fairly and is in violation of the law, get our workers’ compensation lawyer in South Florida on your side. Call Ara Work Injury Law now to learn more.
FAQs About Workers’ Compensation and Employer Retaliation
1. Can my boss fire me for getting injured at work?
No, it is illegal for your employer to fire you simply because you were injured on the job or filed a workers’ compensation claim. This would be considered retaliation, which is prohibited under Florida and federal labor laws. If you believe your injury or your claim led to termination, demotion, or a hostile work environment, you may have grounds for a retaliation lawsuit in addition to your workers’ comp case.
2. Can an employer fight my workers’ comp claim?
Yes, an employer has the right to dispute your workers’ compensation claim if they believe the injury didn’t happen at work, wasn’t serious, or occurred while you were violating company policy or behaving recklessly. However, they cannot deny a legitimate claim without proof. If your employer is disputing your claim without cause or creating roadblocks to delay your benefits, it’s important to consult with a workers’ comp attorney who can advocate for your rights.
3. What are signs of employer retaliation after filing a workers’ comp claim?
Retaliation can take many forms beyond firing. Watch for:
- Sudden schedule changes or reduced hours
- Demotion or reassignment to a less favorable position
- Unwarranted disciplinary actions
- A hostile or toxic work environment
- Negative performance reviews following your injury
If you experience any of these after filing a claim, document everything and speak with an attorney immediately. You may be entitled to additional compensation for retaliation under Florida law.
