As a Florida employee, you have many rights under Florida law. In particular, when a workplace accident injures you, you have the right to workers' compensation benefits. Workers' compensation benefits cover medical costs from your injury. Additionally, workers' compensation benefits provide two-thirds pay for work missed after seven days. Workers' compensation benefits cover services to help you find a new job if you cannot return to your job.

If you're injured because of a workplace accident, claiming workers' compensation benefits is a good idea. However, sometimes employers retaliate against employees for attempting to get workers' compensation benefits. This is called workers' compensation retaliation. Workers' compensation retaliation is illegal in Florida. If your employer has retaliated against you for seeking workers' compensation benefits, you should contact an experienced personal injury attorney. A personal injury attorney can advocate for your rights. The Watson Firm, PLLC understands how to combat employer retaliation. Call The Watson Firm, PLLC at 850-607-2929 or reach out online.

What Is Workers' Compensation Retaliation?

Workers' compensation retaliation occurs when you are punished or challenged for attempting to exercise your right to workers' compensation benefits as a Florida employee. Rather than supporting your decision, your employer tries to coerce you out of it. This kind of cohesive behavior from your employer is illegal under Florida law. Indeed, Florida law states that your employer may not do the following things to attempt to persuade you not to invoke your workers' compensation benefits.

• Your employer may not fire you for seeking workers' compensation benefits.
• Additionally, your employer may not threaten to fire you for pursuing workers' compensation benefits.
• Your employer may not intimidate you out of getting workers' compensation benefits.
• Your employer may not otherwise coerce you.

Let's look at an example. Suppose an accident happens at work, injuring you. You go to your employer to discuss seeking workers' compensation benefits and make a workers' compensation claim. Your employer states that there may no longer be a place for you at the company if you do so. In this case, your employer has threatened to fire you because you used your right to workers' compensation benefits. Thus, in this example, your employer has violated the law.

Indeed, as an employee injured in a workplace accident, you have a right to workers' compensation benefits. It is illegal for your employer to trample on your rights and force you not to pursue your valid workers' compensation benefits claim.

What Are Examples Of Workers' Compensation Retaliation?

Florida law defines workers' compensation retaliation broadly. Indeed, the law extends workers' compensation retaliation beyond firing and threatening to fire to acts of intimidation and coercion. Here are several examples of intimidating or coercive acts your employer could do to retaliate against you for claiming workers' compensation benefits in Florida.

• Your employer could verbally harass you.
• Your employer could make your work conditions unbearable to encourage you to quit.
• Your employer could put greater scrutiny on your work and criticize your work aggressively.
• Your employer could threaten you to try to get you to withdraw your claim for workers' compensation benefits.
• Your employer could make you work a worse shift.

Can You Sue Your Employer For Workers' Compensation Retaliation?

If your employer retaliated against you for claiming workers' compensation benefits, you could sue your employer in Florida. To state a claim against your employer, you must prove three things.

• First, you must show that you exercised a protected right. Here, your protected right is to claim workers' compensation benefits.
• Second, you must show that your employer took adverse employment action against you. Adverse employment actions include firing but can also extend to other kinds of adverse treatment. For instance, if, after you claimed workers' compensation benefits, your employer made your work environment so unbearable that you quit, this may count as an adverse action.
• Third, you must show a connection between your right and the adverse event. You need to show that your employer fired or retaliated against you because you claimed workers' compensation benefits—and not for another reason.

Workers' compensation retaliation cases can be complex. The experienced attorneys at The Watson Firm, PLLC, understand the law and can provide you with experienced representation.

Florida Workers' Compensation Retaliation Attorney

Experiencing a work accident and painful injury can be an extremely stressful experience. Facing workplace retaliation for exercising your right to workers' compensation benefits adds to that stress. A knowledgeable attorney can advocate for you. The adept attorneys at The Watson Firm, PLLC understand Florida workers' compensation law. They can help you navigate the process of filing a workers' compensation benefits claim and can help you respond to retaliation in the workplace. Florida law protects your right to workers' compensation and your right to be free of retaliation. The skilled attorneys at The Watson Firm, PLLC, will fight to protect your rights. Call The Watson Firm, PLLC at 850-607-2929 or reach out online.