What to do if Your Employer Retaliates Against You for Filing for Florida Workers' Comp
It is unlawful in Florida for an employer to retaliate against an employee who files a Florida workers’ compensation claim. While this is true, it still happens. Employers don’t want their insurance rates to increase, and when claims are filed an employer could see rate so they retaliate against an injured employee to bully them into not moving forward with their claim. There are many forms of retaliation that an employer can engage in to scare their injured employee away from pursuing a Florida workers’ compensation claim. Some of the most common forms of intimidation employers use include:
- Terminating the employee
- Threatening termination
A hostile work environment is difficult enough, but when your employer is actively causing this situation to dissuade you from trying to obtain the benefits you need and deserve, it is time to call Stephen M. Andrews. Stephen M. Andrews is a Tallahassee workers’ compensation attorney that will stand up for you and protect your legal rights. Employees who are injured during a Florida workplace injury accident are entitled to filing a Florida workers’ compensation claim and their employer does not have the right under Florida workers’ compensation laws to retaliate against them.
What are Florida’s Retaliation Laws?
Florida employers are not allowed to retaliate against an injured employee to get them to drop their pursuit of a Florida workers’ compensation claim. The laws on the books state this clearly. The law was put into play to protect employees' right to the benefits they are entitled to obtain when they are injured at work. It is meant to be a deterrent to employers from behaving in an unfair and belligerent manner towards their employees.
If you believe that your employer was retaliating against you for your pursuit of a Florida workers’ compensation claim from their provider you are going to need an experienced Florida workers’ compensation attorney. Your lawyer will prove that you were:
- Involved in protected activity
- You had to sustain adverse employment measures
- There is a link between the protected activity and the hostile reaction by your employer
Your employer must respond to these charges by proving that they were not guilty of discriminating against you for wanting to file a Florida workers’ compensation claim. Your employer must provide an alternative and legitimate reason for their behavior. If the reason that your employer provides is accepted by the court, your attorney must show that this is not true. That there were real reasons why you had to endure negative behavior by your employer and that your employer was motivated to act in this way because they wanted to stop you from filing a claim.
Speak with a Florida Workers’ Compensation Attorney Today
There are several challenges an employee who is injured at work can face when they try to obtain Florida workers’ compensation benefits. It is not an easy process and can actually be quite complex and drawn out. You need a knowledgeable advocate on your side when you are pursuing a Florida workers’ compensation claim, and Stephen M. Andrews can provide you with that support. Call the Tallahassee workers’ compensation law firm of Stephen M. Andrews today to schedule your free consultation at (850) 906-9599.