Can I Be Fired Because Of A Workplace Injury?
Many workers who sustain injuries on the job are scared to report the injury to their employer and to file for workers’ compensation benefits out of fear of being fired from the job. To be sure, some employees try to avoid reporting an injury or filing a workers’ compensation claim in Sunrise even though they need the benefits and cannot work because they are worried that they will be terminated from their position. It is critical to understand that Florida law prohibits employers from taking adverse action against employees who exercise their right to seek workers’ compensation benefits. It is crucial for injured workers to know their rights under the Florida Workers’ Compensation Act so that they can be properly compensated for injuries that happen on the job.
Employers Are Prohibited from Coercion of Employees
Under the Florida Workers’ Compensation Act, “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.”
What this means is that an employer is prohibited by Florida law from taking almost any kind of adverse action against an employee simply because that employee files for workers’ compensation, or in response to the employee reporting an injury or indicating that she or he plans to file for workers’ compensation benefits. Not only are employers prohibiting from firing employees who do file or plan to file for workers’ compensation benefits, but they are also prohibited from threatening the employee with losing his or her job if a workers’ compensation claim is filed, or from attempting to intimidate the employee so that he or she does not file for workers’ compensation benefits.
In sum, you cannot be fired because you got hurt at work and reported the injury to your employer with the intention of seeking workers’ compensation benefits, or because you have already filed for workers’ compensation benefits. If an employer has attempted to threaten or intimidate you so that you do not submit a workers’ compensation claim, or if you believe your employer fired you because you filed for workers’ compensation benefits, you should seek advice from a Florida workers’ compensation attorney as soon as possible.
Maintaining Your Eligibility for Workers’ Compensation Benefits
To ensure that you maintain your eligibility to file a workers’ compensation claim, you must do the following:
- Report the injury to your employer within 30 days; and
- File your workers’ compensation claim within 2 years.
If you are concerned about reporting your injury, one of our dedicated workers’ compensation attorneys can work with you to ensure you maintain your eligibility to seek benefits while exercising your rights under Florida law.
Contact Our Sunrise Workers’ Compensation Attorneys
Do you have questions or concerns about your right to file a workers’ compensation claim in Florida? One of our experienced South Florida workers’ compensation lawyers can evaluate your case today and can work with you on your workers’ compensation claim. If you are eligible to receive workers’ compensation benefits, we will do everything we can to help you obtain the compensation you need. Contact the Law Offices of David M. Benenfeld, P.A. today to learn more about how we can assist you.