In a word, “no”. Under Florida law, employers are prohibited from discharging, threatening to discharge, intimidating, or coercing employees because they made or attempted to make a workers’ compensation claim. In fact, Florida law “is not only intended to punish employers who discharge an employee for having filed a workers’ compensation claim, but is also intended to ensure that employees do not have to fear reprisal from their employers when they file a workers’ compensation claim.”
See The 2021 Florida Statutes, Workers’ Compensation at
Workers often sustain injuries or get illnesses while on the job or as a result of the nature of their work. These injuries can result in short-term or life-long disabilities, as well as fatalities. All work-related injuries and illnesses result in diminished income. It is for this reason that the workers’ compensation laws were established in addition to OSHA safety standards.
Employers are required to maintain workers’ compensation insurance that will help their employees who get injured at or because of their work.
Often they don’t want to file or pay the worker’s comp claim because this action may increase their insurance premium. As a result they might terminate the employee shortly before or after the claim is filed under the guise of budget cuts or financial struggles. This termination action is called “retaliation.”
Retaliation involves any negative action taken by the employer toward the employee for an employee action, such as speaking out about a harassment, illegal conduct, refusing to work in unsafe situations, as well as filing for workers’ comp. If you believe that your employer retaliated against you for filing a workers compensation claim, you may file a case against them.
Establishing a causal connection between the filing of a workers’ compensation claim and the termination of employment will be critical to winning the case. If you are planning to move forward with a claim against your employer, you will be best advised by an experienced employment attorney.
Call Employment Law Attorney Derek Usman to schedule a consultation at (813) 377-1197.
Derek specializes in business and commercial litigation matters and he will steer you to a successful resolution of your case.