Workers’ compensation may be essential in keeping your living expenses covered if you are injured at work. Since this can come at a cost to employers, some employers may retaliate against employees who seek workers’ compensation. While retaliation is not allowed, that doesn’t stop employers from trying it and then hiding their actions. At Thomas J. Ueberschaer, P.A., we work to protect your rights and defend your compensation against employer retaliation.
Legal Protections Against Retaliation
The state of Florida has explicit protections against employer retaliation for filing a workers’ compensation claim. Under Florida Statute Section 440.205, an employer cannot retaliate against a worker for filing a workers’ compensation claim. It is specifically against the law for any employer to threaten, intimidate or coerce employees as retaliation for filing workers’ comp claims.
Identifying Signs of Retaliation
While some may view threats, intimidation and coercion as potential physical violence, retaliation comes in many forms. Anything the employer does to punish the employee for filing a workers’ comp claim counts as retaliation. This can include any of the following:
- Reduced hours
- Termination
- Demotion
- Unwarranted disciplinary action
Documenting Retaliation
To make a case and protect your rights against retaliation, it is always helpful to have detailed records. Keep records of any communications between you and your employer. This includes saving emails and instant messages and making written notes of any verbal interactions you have. You can also record conversations. Additionally, you will want a written record of any official changes in employment status that occur after you file for workers’ comp.
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Ask Tom Today!Legal Remedies
If you are faced with retaliation for filing a workers’ comp claim, there are legal actions you can take to protect your rights. To pursue a retaliation claim, you must file a lawsuit against your employer in the relevant state circuit court. Note that some claims must be filed within as little as 180 days, so it’s best to get in touch with a lawyer for help as soon as possible. In this claim, you can cover damages for back pay, future lost wages, emotional distress and more.
The Role of a Workers’ Comp Lawyer
Having a workers’ comp lawyer on your side can offer a serious advantage to any retaliation claim you file. Demonstrating retaliation in court can be tricky, but an experienced and specialized lawyer will know how to gather evidence and present your case. Their services can also be used by employers who are trying to ensure they do not engage in retaliatory behavior.
Contact Tom for Legal Protection
Protection against employer retaliation is essential for anyone filing a workers’ compensation claim. At Thomas J. Ueberschaer, P.A., we have extensive experience working with workers’ comp claims, including those that come under fire by employers seeking retaliation. Get in touch with our team today to ensure your rights as an employee are protected.