Can I Get Fired for Filing a Workers’ Compensation Claim in Florida?
All Florida businesses with four or more employees and all Florida construction businesses with even one employee are required to have workers’ compensation insurance that provides benefits for employees who get injured at or because of their work.
At MLG Injury, our Florida workers’ compensation attorneys know that legally, employees cannot be fired for reporting an injury or filing a workers’ compensation claim.
This is called retaliatory termination, and it is illegal.
However, just because it is illegal does not mean that it does not happen.
There are too many cases involving workers getting fired within months of getting injured and filing a workers’ compensation claim.
Often, these terminations are presented as business strategies designed to downsize or make budget cuts.
In reality, they are often retaliation for the claim itself.
What is Workers’ Compensation Retaliation?
A negative action taken by an employer toward an employee for reporting an injury and/or filing a claim for benefits during their recovery is considered workers’ compensation retaliation.
If you believe that your employer fired you for getting hurt and filing a workers’ compensation claim, you may be eligible to file a case against them, but you will have to prove the action was retaliation and illegal.
How Can I Prove I Was Fired in Retaliation for Filing a Workers’ Comp Claim in Florida?
When an employee believes he or she was demoted or fired in retaliation for filing a workers’ compensation claim in Florida, they must be able to prove that was true.
That includes proving a negative employment action occurred. Often, retaliation occurs in many ways, which could include harassment, demotion, or forcing the employee to do menial jobs, instead of immediate termination.
Then we must establish a connection between the retaliation and filing the workers’ compensation claim and your termination of employment.
More to the legal point, the employee must establish that the employer was aware of the workers’ compensation claim and that they ended their employment because of it.
Keep in mind, the employer will build their side of the case to avoid being penalized for unlawful behavior, which may include citing the reasons for termination as inferior performance or poor attendance or as a legitimate attempt to downsize or cut costs.
Partnering with a skilled Florida workers’ compensation attorney can help uncover the chain of events that strengthen your case to pursue success inside and outside the courtroom.
Contact Our Experienced Workers’ Compensation Attorneys in Florida for a Free Consultation Today
To understand the burden of proof necessary to hold your employer accountable for workers’ compensation retaliation, contact our experienced Personal injury attorneys Florida at MLG Injury to schedule a free consultation today by calling 888-904-2524.