One of the biggest fears injured workers have is that filing a workers’ compensation claim will cost them their job. This fear is understandable, but it is important to know your rights. Florida law provides real protections for employees who exercise their right to seek workers’ compensation benefits.
Retaliation Is Illegal
Under Florida law, it is illegal for an employer to retaliate against an employee for filing or attempting to file a workers’ compensation claim. This means your employer cannot fire you, demote you, reduce your hours, or take other adverse action against you simply because you reported a workplace injury or pursued benefits.
If your employer does retaliate, you may have a separate legal claim for wrongful termination in addition to your workers’ compensation case.
At-Will Employment Complications
Florida is an at-will employment state, which means employers can generally terminate employees for any reason or no reason at all. This can make retaliation cases complicated. However, firing someone in direct response to a workers’ comp filing is one of the recognized exceptions to at-will employment.
Evidence of timing, like being terminated shortly after reporting an injury, combined with other factors such as a lack of prior performance issues, can support a retaliation claim.
Returning to Work After an Injury
If you are cleared to return to work, even with restrictions, your employer is generally expected to accommodate those restrictions if possible. If they cannot provide modified duty, you may continue to receive temporary partial disability benefits.
If you are pressured to return before you are medically ready, that is a serious problem. Your doctor’s guidance should drive your return-to-work timeline, not your employer’s preferences.
What to Do If You Feel Threatened
If your employer has made comments suggesting you will face consequences for filing a claim, keep a detailed record. Write down dates, times, what was said, and who was present. Do not sign any documents without consulting an attorney first.
You Deserve Protection
Attorney William Heller has spent over 35 years standing up for workers in South Florida who have been injured on the job. He understands the tactics some employers and insurers use to pressure injured workers, and he is not afraid to fight back.
If you have been hurt at work and are worried about your job, call William Heller today for a free consultation at (954) 921-7171.