When Your Employer Retaliates Against You for Filing For Workers’ Compensation Benefits
Retaliating against an employee for filing for workers’ compensation benefits is illegal under Florida law. There are obvious reasons for this — what employees will stand up for their rights if it means losing their jobs?
There are times when employees are legitimately let go in the wake of an injury because they are no longer able to perform the job and the employer needs someone to do that work. But retaliation is much more mean-spirited. It means the individual is being punished for filing a lawful claim. It is illegal, and we represent individuals who are victimized by this kind of retaliation.
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. — Florida Statute §440.205
Florida workers must present evidence that they were fired, intimidated or coerced to quit their jobs following the filing of a claim for workers’ compensation, or merely attempting to file a claim.
Workers’ compensation only works when both sides recognize the rights of the other side. Employers benefit because workers cannot file suit for on-the-job injuries. But they must allow workers to exercise their rights, which include complaining, testifying, or filing legitimate claims.
Talk to Florida’s Go-To Workers Compensation Retaliation Law Firm
Talk to our team at Gallup Auerbach. We will stand up for you against your employer and obtain the kind of outcome you want — restoration of the position, payment for lost pay, or a lump-sum settlement.
If you need help determining whether your employee rights have been violated and think you need legal representation, fill out the Case Evaluation (“How Can We Help You?”) form on the left side of this page. We will contact you and provide more information about how Gallup Auerbach can help.