You filed a workers’ compensation claim after getting hurt on the job. Now your employer is treating you differently. Maybe your hours got cut. Maybe you’re suddenly getting written up for minor issues, or maybe you’ve been fired outright. This happens more often than it should, and it’s illegal in Florida.
Your Legal Protection Against Retaliation
Florida law prohibits employers from retaliating against employees who file workers’ compensation claims. That protection comes from Florida Statute 440.205, which makes it unlawful to discharge, threaten, or discriminate against any employee because they exercised their right to seek benefits. The Law Offices of Franks, Koenig & Neuwelt has seen countless cases where employers try to punish workers for filing legitimate claims. Some companies are blatant about it. Others are more subtle, using performance issues or attendance problems as cover.
What Retaliation Actually Looks Like
Retaliation isn’t always a termination letter. It can take several forms:
- Sudden demotions or transfers to less desirable positions
- Reduced hours or shifts that conflict with medical appointments
- Unexplained negative performance reviews
- Exclusion from meetings, projects, or workplace communications
- Hostile work environment or harassment from supervisors
- Being written up for issues that were previously overlooked
The timing matters. If these actions happen shortly after you filed your claim or requested medical treatment, that pattern suggests retaliation.
Why Employers Do This
Some employers believe they can intimidate workers into dropping claims or discourage other employees from filing. Others worry about insurance premium increases. A Glades County Workers’ Compensation Lawyer understands that financial concerns don’t justify breaking the law. Workers’ compensation exists precisely because workplace injuries happen. Filing a claim isn’t a betrayal or a personal attack against your employer. It’s using a system that’s legally required to exist.
The Timing Exception You Should Know
Florida is an at-will employment state. That means employers can generally fire workers for almost any reason or no reason at all. However, they cannot fire you for exercising your legal rights, which include filing a workers’ compensation claim. The distinction gets tricky. An employer might claim they fired you for poor performance or attendance issues. If those problems existed before your injury and were documented, that might be legitimate. If they suddenly appeared right after you filed your claim, that’s suspicious.
What to Do If You Think You’ve Been Retaliated Against
Document everything. Save emails, text messages, performance reviews, and any written communications about your injury or claim. Write down dates, times, and details of conversations with supervisors. Keep records of your work history before the injury. Good performance reviews, promotions, or positive feedback all help establish that the termination wasn’t performance-based. Don’t sign anything without reading it carefully. Some employers try to get terminated workers to sign releases or settlements that waive their right to sue for retaliation.
Your Legal Options
If you’ve been fired for filing a workers’ compensation claim, you may have grounds for a lawsuit separate from your workers’ comp case. Retaliation claims can result in reinstatement, back pay, and compensation for emotional distress. These cases have strict time limits. Under Florida law, you typically have one year from the date of termination to file a retaliation claim. Missing that deadline can mean losing your right to take action.
Moving Forward
Getting fired after an injury adds stress to an already difficult situation. You’re dealing with medical bills, lost income, and now unemployment on top of your physical recovery. A Glades County Workers’ Compensation Lawyer can help you understand whether your termination violated Florida law. If you’ve been treated unfairly because you sought benefits you’re legally entitled to receive, you have options. Don’t let fear of your former employer stop you from protecting your rights.
