Can I lose my job if I file a workers’ compensation claim in Florida?
Most employers and businesses in Florida are required to purchase workers’ compensation coverage, which compensates employees who suffer work-related injuries, regardless of whose fault the injuries are. The Florida Department of Financial Services includes the Division of Workers’ Compensation, which provides injured employees benefits for lost wages, medical expenses, disability, and/or death.
If you’ve suffered a work-related injury in Florida, you may report your accident and file a workers’ compensation claim to get help with resulting medical bills and related expenses. It is illegal for your employer to fire you in retaliation for filing such a claim.
Elements of Wrongful Termination
Although Florida law prohibits firing a worker in direct retaliation for the filing of a workers’ comp claim, some employers might retaliate indirectly by laying off or terminating such an employee for other reasons. The employer might claim that the employee’s former position has been eliminated or that the employee is no longer physically able to carry out essential job duties.
If you believe you’ve been unjustly fired in retaliation for your workers’ compensation claim, an experienced attorney can help you to prove the three elements of a wrongful termination case:
- Your report of the accident and filing of a workers’ comp claim was a statutorily protected expression.
- You suffered an adverse employment action.
- There was a causal connection between the protected expression and the adverse employment action.
Have You Been Fired in Retaliation for Filing a Workers’ Comp Claim in Florida?
Take the first step toward justice by consulting an experienced workers’ compensation attorney about your wrongful termination. Contact us online, start a chat, or call our Coral Springs Office at 954-755-7803 to schedule a free consultation. We take cases on a contingency fee basis, so you pay no attorney fees until we win your case.