Florida Workers' Compensation Retaliation Lawyer

The elements of workers' compensation retaliation under Florida's Workers' Compensation Act are the following:

① Protected Activity

② Adverse Employment Action

③ Causation Between the Protected activity and the adverse action

Element One: Protected Activity in the context of workers' compensation retaliation is when an employee files a workers' compensation claim or attempts to file a workers' compensation claim under the Florida Workers' Compensation Law. Florida courts have determined that protected activity in the workers' compensation context is when the employee takes a step in beginning to claim or seek benefits under the workers' compensation statute. On the other hand, courts hold that solely suffering a workplace injury and informing the employer of the injury is not alone an attempt to file a claim or seek benefits under Florida's Workers' Compensation Act. 

Element Two: An adverse employment action in the context of retaliation is the termination of employment. 

Element Three: The employee must show the employer terminated their employment because the employee filed or attempted to file a workers' compensation claim. The employee must prove the employer or the supervisor who terminated or recommended the termination of the employee was aware of the employee's attempt to claim workers' compensation at the time of the termination. The timing of the employee attempting to claim workers' compensation and the employee's termination must be very close. The employee may connect the termination to the protected activity by showing the employer or supervisor resented the employee for claiming or attempting to claim workers' compensation. 

NOTE: A claim for Florida's workers' compensation retaliation is subject to the burden-shifting framework as any wrongful termination claim.

Filing a claim of workers' compensation is the inciting incident of every workers' compensation retaliation claim. Noticing how an employer reacts to your filing a workers' compensation claim is key to proving their intent to terminate you because you filed a workers' compensation claim. 

Some signs of workers' compensation retaliation in Florida include the following:

☞ Termination of your employment after filing a workers' compensation claim

☞ Threatening to fire you after filing for workers' compensation

☞ Intimidation following your attempt to file for workers' compensation

☞ Coercing you not to file a workers' compensation claim after you begin to

☞ Hostile treatment following your filing of a workers' compensation claim

Identifying these actions as retaliation is crucial for affected employees to acknowledge their experiences and pursue appropriate legal action. If you have recognized any of these signs, you may be the victim of workers' compensation retaliation in Florida.

Schedule a free case review with us today. 

Can I be Fired Because I Filed a Workers' Compensation Claim in Florida?

No. An employer violates Florida law if the employer terminates you because you filed a workers' compensation claim in Florida. 

What constitutes Florida Workers' Compensation Retaliation?

Workers' Compensation Retaliation in Florida occurs when an employee is terminated after and because the employee filed or attempted to file for workers compensation. 

Can I Sue for Workers' Compensation Retaliation?

Yes. If your employer terminated your employment after and because you filed or attempted to file a workers' compensation claim, you may have a valid claim. 

What Evidence is Necessary For a Workers' Compensation Retaliation Claim?

Attempts showing that you have filed or tried to file a workers' compensation claim before you were fired from work. Evidence that the employer fired you because you filed or attempted to file for workers' compensation.

Do I have a Workers' Compensation Retaliation Claim if I am fired after I suffer a workplace injury but didn't file or attempt to file a claim for Florida workers' compensation?

No. Florida courts have determined that simply reporting an injury to your employer and being terminated later is insufficient for a case.

If I'm fired after I filed a workers' compensation claim, does that mean I have a case?

Not necessarily, no. Just because an employer fires you after you filed or attempted to file a workers' compensation claim does not mean the employer fired you because you filed or attempted to file a workers' compensation claim. The law requires the reason for your termination to be that you filed or attempted to file a workers' compensation claim. So just because you were fired after your workers' compensation claim does not mean you have a case. 

Can I claim Emotional Distress Damages For Workers' Compensation Retaliation?

Yes. If you can prove the elements of workers' compensation retaliation and your termination was because you claimed or attempted to claim workers' compensation you may claim emotional distress damages. Unlike a regular workers' compensation claim for benefits related to your workplace injury (where you may not claim emotional distress damages), you may claim emotional distress damages related to the termination of your employment. This requires that you can prove (1) your employer terminated you because you filed or attempted to file a workers' compensation claim and (2) the emotional distress you are suffering, e.g., anxiety or depression was caused as a result of you being terminated for filing a workers' compensation claim.

Confronting retaliation after a filing a workers' compensation claim can be daunting. Let Kaplan Employment Law, your premier Florida workers' compensation retaliation lawyer, stand up for your rights. 

Reach out today to discuss your case and discover how our experienced employment retaliation attorney can guide you toward justice.