Workers’ Compensation Retaliation Law

Workers’ compensation benefits are designed to provide financial compensation and medical care to employees who suffer an on-the-job injury.

This is where our Orlando law firm can help. Our elite team of workers compensation attorneys can help, as we have the experience and knowledge required to help you seek out the workers’ compensation benefits you deserve while helping you to address any retaliation issues that arise.

Contact the Orlando employment lawyers of the Law Office of Hogan & Hogan, P.A. to discuss your workplace injury case in a no-cost case consultation session. Call 407-422-2188.

The Most Common Questions About Workers’ Compensation Retaliation Cases

The Orlando workers’ compensation attorneys here at the Law Office of Hogan & Hogan, P.A. get lots of questions from individuals who’ve been injured on the job, some of whom are facing discrimination or retaliation. The following is an overview of some of the most common questions on this subject.

Who is Eligible for Workers’ Compensation Benefits in Florida?

In Florida, workers’ compensation benefits are made available to any and all employees who are injured at work, with the exception of independent contractors.

Notably, Florida has a no-fault workers’ compensation structure so the worker does not need to prove that the employer was at-fault for the injury. You only need to prove that you sustained an injury at work while performing duties within your job description.

Is there a Law Against Workers’ Compensation Retaliation in Florida?

Yes, there is a Florida Law (Section 440.205) which states that addresses the issue of employee coercion. The law states that “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.”

Can an Employer Threaten to Fire an Employee if They Seek Workers’ Compensation Benefits?

Workers' Compensation RetaliationAn employer or supervisor is prohibited from making veiled or explicit threats about an employee’s job security, a promotion, a raise or other work-related matter as retaliation for filing a workers’ compensation claim.

If an individual is made to fear for their job security after a workplace injury, then this may constitute workers’ compensation reprisal and discrimination. This can serve as grounds for legal action.

What Do I Need to Do to Prove I Was the Victim of Workers’ Compensation Retaliation?

To prove that you were a victim of retaliation, your workman’s compensation lawyer will work to establish a few key points, including:

  • you were an injured staff member who was eligible and entitled to receive workers’ comp benefits;
  • you were led to pursue n protected activity, such as filing a workers’ compensation claim;
  • you suffered some kind of retaliation, such as termination from your job, pay cut or a demotion; and
  • the employer’s actions were motivated to retaliate by your decision to file a claim.

So-called “protected activities” (also known as “protected expressions”) can include attempting to file a workers’ comp claim, indicating that you planned to file a claim, or simply suffering a work injury and being eligible to seek workers’ comp benefits. Retaliation for any of these activities can serve as grounds for a workers’ compensation lawsuit for retaliation or discrimination.

What Kind of Compensation Can I Seek as a Retaliation Victim?

If you’re a victim of retaliation for a workers’ compensation claim, you can seek compensation for a range of losses, including back pay, future lost wages, and damages for emotional distress.

Florida also allows for punitive damages in some cases, including some workers’ compensation retaliation cases. Punitive damages are handed down as a punishment to the defendant and they are also intended to serve as a deterrent to others who may consider similar actions.

What Should I Do If I’m a Victim of Workers’ Compensation Retaliation or Discrimination?

If you are targeted following an injury at work, then you should seek to document any threats or retaliatory actions.

Make note of anyone who witnesses the discrimination or retaliatory action(s). Also, be sure to keep documents, phone messages, texts and other potential evidence so you can promptly forward it to a qualified workers’ compensation lawyer, such as one of the attorneys with the Law Office of Hogan & Hogan, P.A. It’s generally best to contact an attorney as soon as possible to discuss the situation.

Our Orlando Workers’ Compensation Lawyers Are Here to Help Injured Employees Facing Retaliation

Workers' Compensation RetaliationSuffering an injury at work is a physically painful experience that can also be very stressful, as an individual naturally begins to worry about their income and their ability to work in the future. But this is where workers’ compensation benefits come into play; they’re designed to provide an injured worker with peace of mind, along with access to medical care and financial support while they recover from their workplace injury.

Unfortunately, some employers may be tempted to threaten or retaliate against an injured worker who files (or plans to file) a workers’ compensation claim because this can cause the employer’s insurance premiums to rise. They may try to discourage you from filing a claim or they could even threaten you in an attempt to prevent you from filing a workers’ comp claim. This is illegal and you need a qualified employment lawyer to handle your case.

At the Law Office of Hogan & Hogan, P.A., our talented team of Orlando attorneys take a “clients first” approach to each and every case. Suffering a workplace injury is very stressful; seeking the compensation you deserve shouldn’t be stressful too.

In addition to handling workers’ compensation retaliation cases, we also represent clients seeking legal advice and help pursuing a settlement (including civil litigation) in a range of other cases, such overtime wage disputes, sexual harassment claims, job discrimination cases, wrongful termination claims, personal injury cases and wrongful death lawsuits, amongst many others.

The law does limit the amount of time you have to file a claim, so recommend contacting our labor attorneys as soon as possible so we can review and discuss your situation in a confidential, no-cost initial case review session.

If you or a family member are facing workers’ comp retaliation, contact the Orlando lawyers with the Law Office of Hogan & Hogan, P.A. by calling 407-422-2188.