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Florida Law Protects Employees Against Workers’ Comp Retaliation

Over 53,000 workers’ compensation cases were reported within the state of Florida this past year alone.  Illness and injuries related to employment infiltrate the workplace daily. Accidents happen and regardless of who was at fault, injured and sick employees are entitled for compensation that covers their wage loss, medical expenses, rehabilitation, and job retraining. Apart from the fact that Florida employees are entitled to these benefits, scores of workers are wrongfully intimidated, threatened, and suffer retaliation from their employers all because they seek workers’ compensation benefits.

What is FL Workers’ Compensation Retaliation?

Florida is especially strict on employers who retaliate against their workers who file a workers’ comp claim, or express any intention to do so.  Based on the state’s expectations, Florida employees need not have any fear against any retaliation against future retaliation.

According to the law, Florida’s statute 440.205, employers are held to the following standards:

  1. Threaten discharge of any employee based on attempt to claim for compensation
  2. Discharge any employee based on attempt to claim or claim for compensation
  3. Intimidate any employee based on attempt to claim or claim for compensation
  4. Coerce any employee based on attempt to claim or claim for compensation

Note that not only are Florida employers not permitted to discharge, intimidate, or coerce their employees based on his/her intent to file a workers’ compensation claim, but the law states that they aren’t even allowed to threaten the possibility of any form of retaliation.

How does an employee prove workers’ compensation retaliation?

Although employers are forbidden to retaliate against their workers for filing a workers’ comp claim, sadly, it’s commonplace for today’s workplace. In order for the employee to prove that his/her boss has threatened or acted upon a form of retaliation, it will be necessary to prove three grounds for the claim. If a worker loses his or her job based on the retaliation, it is likely he or she will need the assistance of a qualified Broward County Workers’ Compensation Attorney.

  1. Employees must prove that they were involved in a legally protected activity, such as filing a complaint for workers’ compensation, when they lost their job.

  2. Employees must prove that the above referred activity is in fact what prompted the employer to act in retaliation.

  3. Employees must prove that the employer’s action had adverse actions upon them; such as being fired, denied a promotion, or negative performance review that was unwarranted.

If you or a family member have experienced workers’ compensation retaliation, it is important to talk with an experienced South Florida Workers’ Compensation Attorney. Your attorney can help you prepare your paperwork to get the results you are looking for.

If you need assistance to determine if you should pursue your workers’ compensation claim, the Law Office of David Benenfeld is here to help. For or a free legal consultation and book call today: 954-677-0155.

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