Filing a workers’ compensation claim after a job-related injury is a legal right in Florida. These claims provide critical support—medical care, wage replacement, and peace of mind during recovery. But some employers retaliate against workers who exercise that right, often by firing them under false pretenses.
If you were terminated after filing for workers’ comp, Kaplan Employment Law can help. Our Florida wrongful termination attorney holds employers accountable when they violate the law and punish workers for doing the right thing.
Florida’s Workers’ Compensation Retaliation Protections
Florida Statute § 440.205 makes it illegal for employers to fire, threaten, intimidate, or coerce an employee for filing or attempting to file a workers’ compensation claim. If you were fired shortly after filing for workers’ compensation, you may have a strong case.
Filing for workers’ compensation is a protected activity. That means your employer cannot legally retaliate against you for doing so.
Because Florida is an at-will employment state, employers may try to justify the termination with reasons unrelated to your claim—like poor performance or company restructuring. These may be pretexts used to cover up retaliation.
If the timing of your termination feels suspicious or the reasons do not match your work history, it is time to speak with an employment lawyer.
Signs You May Have a Workers’ Compensation Retaliation Case
You may have a retaliation claim if you experienced any of the following after filing your workers’ comp claim:
- Supervisors or HR expressed anger or frustration about your claim
- Increased scrutiny or sudden write-ups that never happened before
- Threats or intimidation, such as being pressured to drop the claim
- Enforcement of minor policies used as an excuse to discipline you
- Termination within weeks or months of filing your claim
- Weak or false justification for firing you that contradicts your prior reviews
These patterns often suggest the employer acted in retaliation—not for a lawful reason.
How Employers Cover Up Retaliation?
Most employers will not admit they fired you for filing a workers’ compensation claim. Instead, they may offer excuses like:
- Performance issues that were never previously documented
- Company restructuring that supposedly made your position “redundant”
- Minor policy violations suddenly treated as fireable offenses
A skilled attorney can expose the truth by comparing your past performance, job history, and how other employees were treated. When these stories do not hold up, retaliation becomes clear.
Proving Wrongful Termination After Filing a Workers’ Comp Claim
To prove retaliation, you must show:
- You filed a workers’ compensation claim (protected activity)
- You were fired, demoted, or disciplined afterward (adverse action)
- A connection between your claim and what happened next
Helpful evidence includes:
- Positive performance reviews before your injury
- Emails or texts that reflect hostility toward your claim
- Witnesses who can confirm a change in how you were treated
An experienced attorney can gather this evidence and help build a strong legal argument on your behalf.
What To Do If You Were Fired After Filing for Workers’ Compensation?
If you believe you were wrongfully terminated, taking the following steps can strengthen your case:
Consult an Employees’ Rights Attorney
A workers’ compensation lawyer can evaluate your case, identify retaliation, and guide you through the legal process to hold your employer accountable.
Confirm Your Workers’ Comp Benefits
Ensure your medical care and lost wage benefits continue despite your termination. Florida law requires these benefits remain intact unless your employer can prove you were terminated for gross misconduct.
Request Written Documentation of Your Termination
Ask your employer for a formal explanation of why you were fired. This documentation can reveal inconsistencies or pretextual reasons.
Gather Evidence
Collect any emails, performance reviews, or disciplinary records that demonstrate your work history and the timeline of your claim.
Document Conversations and Incidents
Keep a record of all communications related to your workers’ compensation claim and termination, including meetings with HR or management.
Speak With Witnesses
Co-workers or supervisors who are aware of your situation may provide valuable testimony to support your claim.
We Make the Difference in Your Story.
Wrongful Termination FAQS
What counts as workers’ compensation retaliation in Florida?
Retaliation occurs when an employer takes adverse action against you, such as firing, demotion, or pay reduction, as a direct response to filing a workers’ compensation claim or participating in related proceedings.
Can counts as workers’ compensation retaliation in Florida?
Workers’ compensation retaliation is when you are fired, demoted, harassed, or intimidated because you filed for workers’ compensation.
Can I sue for wrongful termination after filing for workers’ comp?
Yes. If the termination was retaliatory, you can bring a legal claim. You may be entitled to reinstatement, back pay, emotional distress compensation, or other damages.
What are the signs of workers’ compensation retaliation?
Indicators include sudden negative performance reviews, demotion without cause, exclusion from workplace activities, or termination shortly after filing a claim.
Can I still receive workers’ compensation benefits if I’m fired?
Yes. As long as you remain eligible, your workers’ comp benefits—including medical care and lost wages—should continue after termination. The only exception is if your employer proves gross misconduct, which is challenging to establish.
Can my employer blame financial issues for firing me?
They can try—but if the evidence shows your firing was related to your workers’ comp claim, those reasons may not stand up in court.
How Kaplan Employment Law Can Help with Your Wrongful Termination
Employers and their insurance companies often have the resources to skew evidence and make retaliatory terminations appear legitimate. Attorney Brett Kaplan has the expertise to level the playing field by:
- Investigating your case thoroughly to uncover evidence of retaliation.
- Countering your employer’s justifications for termination.
- Pursuing legal action to recover compensation and damages.
Kaplan Employment Law is dedicated to protecting Florida workers who have been wrongfully terminated after filing workers’ compensation claims.
Contact a Florida Workers’ Compensation Lawyer Today
If you were fired after filing a workers’ compensation claim, don’t let your employer’s actions go unchallenged. Kaplan Employment Law can help you protect your rights, secure your benefits, and hold your employer accountable.
Call (954) 998-0793 or fill out our form to schedule a consultation today.
