Getting injured on the job can be one of the most devastating events in a worker’s career. In addition to the physical damage of the workplace injury, employees are put in the uncomfortable position of informing their employer about their need to file for workers’ compensation benefits. Unfortunately, many employers make matters worse by using coercive and intimidating tactics to discourage employees from filing workers’ compensations claims. If an employer engages in a coercive or intimidating way against an employee who is filing a claim for workers’ compensation benefits, they have engaged in illegal behavior, which makes them liable.
Florida law also prohibits employers from retaliating against employees after a worker files or attempts to file a valid claim for workers’ compensation benefits. The workers’ compensation retaliation lawyers at our firm know the laws surrounding workers compensation, and can help you understand your rights. Contact our office today to schedule a free consultation.
Florida’s workers’ compensation statutes outline illegal employer behavior. Florida courts recognize other types of behavior that are covered by Florida’s workers’ compensation laws. For instance, it acknowledges that employers cannot retaliate against an employee due to a workers’ compensation claim filed by the employee at a previous job. Also, other employees who associate with the employee who is hurt on the job are protected against workplace retaliation. For example, John and Jane worked together at the same company. John gets injured on the job and is subsequently fired. Jane is also fired due to her association with John.
Employer retaliation can take many forms, impacting many different terms and conditions of employment, including:
These are some of many forms of retaliation in the workplace. Courts will often consider it retaliation if the employer’s action against the employee would reasonably dissuade other workers from engaging in similar activity that is protected.
Many workers do not realize that there is interplay between many anti-discrimination and anti-retaliation laws. Workers injured on the job may have claims under the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA). It is essential to consult with attorneys with in-depth knowledge of these laws and the nuances associated with each statute.
Florida law prohibits employers from coercing employees or retaliating against workers when it comes to their workers’ compensation claims. If you believe that your employer has engaged in retaliation you after suffering an on-the-job injury, Florin Gray Bouzas Owens, LLC is here to help. If you would like to discuss these issues, please contact our office for a free consultation or call us at 727-254-5255.
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