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What You Need to Know About Workers’ Compensation Retaliation


Sustaining an injury at the workplace is often a physically painful experience that can also be very stressful for both the worker who is injured and their family. It is natural for an injured worker to begin to worry about their income and their ability to work in the future in a present that seems suddenly uncertain. But despite the mounting medical bills and lost wages that often follow a workplace accident, Florida workers sometimes hesitate to file a workers’ compensation claim out of fear of employer retaliation.

What Example of Asserted Workers’ Compensation Retaliation Was Recently in the News? 

At least three female Orlando Police Department officers have recently filed complaints against the agency through the Equal Employment Opportunity Commission alleging that in addition to being harassed by male employees because of their gender, they have more recently been retaliated against after requesting accommodations for their workplace injuries. Specifically, two of the women allege that following their respective on-the-job injuries, each applied for retirement, but were instead offered permanent limited duty positions, a way they say the department could prevent them from getting their pensions under the guise of accommodating their disabilities.

Who is Eligible for Workers’ Compensation Benefits?

Most workers here in the State of Florida are entitled to obtain workers’ compensation benefits following an on-the-job injury or work-related illness. Workers’ compensation is a no-fault insurance that every worker who is injured at work during the course of employment is generally entitled to receive the benefits of, even if the workplace injury occurred because of the worker’s own negligence. Fortunately, these benefits aren’t limited to certain industries or employers and many injured workers rely on them to help with medical bills, lost wages, and other expenses.

Is Workers’ Compensation Retaliation Legal in Florida?

Definitely not. It is important to understand that Florida’s workers’ compensation law specifically prohibits retaliatory conduct such as firing, or threatening to fire, a worker. The statute also makes it illegal to attempt to intimidate or try to coerce, or bribe, an employee that may have a workers’ compensation claim.

Are You Trying to Figure Out Your Next Steps After a Workplace Injury?

If you have been injured while working, you have every right to take immediate legal action in order to protect your rights. An employer and its insurance company may not act with your best interest at heart, but the Miami workers’ compensation attorneys at Payer & Associates will. We understand that suffering a workplace injury is very stressful and, therefore, we believe that pursuing the compensation you deserve shouldn’t be stressful too. We can ease some of your burden by helping you investigate the circumstances of your injury and demonstrate that it is linked to your employment. Further, in addition to helping you file a claim, we will help you fight to ensure you receive fair compensation in the form of the workers’ compensation benefits that you are entitled to. Because the law limits the amount of time you have to file a claim, we encourage you to reach out for help today.


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