Workers’ Compensation Retaliation

As a Florida employee, you have an absolute right to file for workers’ compensation benefits if you’ve suffered a workplace injury or developed an occupational disease. However, while employers are legally prohibited from taking any action against you for filing for workers’ compensation benefits, sometimes employers find creative ways to retaliate against workers for filing legitimate claims.

At the Miami workers’ compensation law firm of Friedman Rodman Frank & Estrada, we take pride in helping injured workers obtain the benefits they need to get their lives back on track. We have more than 45 years of experience handling Broward County workers’ compensation claims and look forward to discussing how we can help you with your claim.

If you work in Florida and have been injured on the job, it's important to know that the law protects you from being unfairly treated by your employer for filing a workers' compensation claim. This type of unfair treatment is called workers' compensation retaliation, and it's illegal.

Retaliation can take many forms, such as your boss reducing your hours, assigning you less favorable duties, or other forms of negative treatment that occur because you filed a claim. If you suspect that you're being retaliated against, you should first try to resolve the issue through your company's human resources department. If the problem continues, consider reaching out to a Miami workers’ compensation retaliation lawyer with Friedman Rodman Frank & Estrada. We can help you understand your rights and pursue the compensation you are entitled to and deserve.

Like other types of employment retaliation, chances are you’ll recognize workers’ compensation retaliation when you see it. Typically, these situations involve an employer taking some type of adverse action against you shortly or long after you claim or file for workers’ compensation benefits. While there are many ways employers can choose to retaliate—all of which are illegal—a few common examples include the following:

Sudden Job Reassignment: Imagine you work in an office, usually handling client accounts, and you file a workers' compensation claim after a fall at work injures your back. A week after filing, your boss suddenly moves you to the stock room, a role that's physically demanding and completely different from your usual duties. This drastic change can be seen as retaliation, especially if it appears to be a demotion or an attempt to push you to quit because of your injury.

Unjustified Poor Performance Reviews: Before your injury, you consistently received positive performance evaluations. However, after you file for workers' compensation, your next review is unexpectedly negative. There are no real changes in your work quality to justify this poor review. This could be your employer's way of creating a paper trail to justify firing you, which is a form of retaliation.

Reduction in Work Hours: After you've successfully filed a workers' compensation claim for a hand injury, you notice a significant cut in your work hours that severely impacts your paycheck. This reduction isn't linked to broader company changes or economic reasons that affect other employees. If it seems like this cut in hours is a direct response to your claim, it could be considered an act of retaliation by your employer.

After you file for workers' compensation benefits in Florida, your employer is allowed to make certain changes, but they must be legal and fair. For example, below is a list of actions that do not count as workers’ compensation retaliation because they are based on a valid reason:

Job Modifications for Medical Reasons: If your doctor says you need to take it easier at work because of your injury, resulting in work restrictions assigned by a doctor, your employer can change your job duties to fit those needs. This might mean less heavy lifting or fewer hours standing. These changes are there to help you recover while still working.

General Business Changes: Your employer can make changes that affect everyone in the company, like cutting hours or rearranging tasks because of economic reasons or business needs. As long as these changes are not just targeting you and are applied to all employees similarly, they are allowed.

Temporary Replacements: If your injury keeps you away from work for a long time, your employer might need to hire someone temporarily to cover your duties. This is okay as long as it's truly temporary and doesn’t affect your employment status.

If you were recently fired, transferred, offered fewer hours, or otherwise suffered some adverse employment outcome after filing for workers’ compensation benefits, reach out to the Miami workers’ compensation retaliation lawyers at Friedman Rodman Frank & Estrada. At our workplace injury firm, we handle all aspects of workers’ compensation claims, including situations where employers unlawfully retaliate against workers for filing a claim. We are proud to stand up for your rights in the face of your employer’s unjustified and illegal actions. To learn more, and to schedule a free consultation with an experienced Broward County workers’ compensation retaliation lawyer today, call (305) 448-8585. You can also connect with us through our secure online contact form.