If you have been injured on the job in Florida and are considering filing a workers’ compensation claim, it is important to understand your rights and protections against retaliation from your employer. While workers’ compensation is designed to provide you with financial support and medical care, some employees fear that filing a claim might lead to negative consequences, such as retaliation from their employer.
Retaliation can take many forms, including job termination, reduced hours, demotion or harassment. Is it legal for an employer to retaliate against you if you file a workers’ compensation claim?
What is retaliation in the context of workers’ compensation?
Retaliation occurs when an employer takes adverse action against an employee for exercising their legal rights. In Florida, state law prohibits employers from retaliating against employees for filing a workers’ compensation claim or even reporting a workplace injury. If you file a claim, your employer cannot legally punish you by reducing your job responsibilities, changing your work conditions or firing you for seeking compensation.
Signs of retaliation
There are several ways retaliation can manifest. For example, if you are fired shortly after filing a claim, this could suggest retaliation. Another form of retaliation could be demotion, where an employer reduces your job responsibilities or changes your role in a way that negatively impacts your career. Additionally, some employers may subject injured workers to harassment, such as constant scrutiny or unfair treatment, after they file a claim. Discriminatory behavior, such as verbal abuse or social exclusion, can also be a sign of retaliation
What to do if you experience retaliation
If you believe your employer is retaliating against you for filing a workers’ compensation claim, it is important to act quickly. Document every instance of retaliation, keep detailed records of all communications and report the behavior to your HR department or the relevant state agency. In Florida, you may also file a complaint with the Florida Division of Workers’ Compensation or take legal action against your employer.
If you are facing retaliation for filing a workers’ compensation claim, you may benefit from seeking legal guidance. Legal support can help you assess your situation and figure out next steps.