You have a legal right to file a workers’ compensation claim, yet some employers punish workers who use it. If your employer fired, demoted, or threatened you after reporting a job injury, you may be the victim of illegal retaliation. A Boca Raton workers’ compensation retaliation lawyer can help you fight back and navigate the case process.
Retaliation can be obvious, such as sudden termination, or it can be subtle, such as a cut in hours or demotion. Either way, the law protects injured workers who exercise their rights. A skilled workers’ compensation lawyer can review what happened and hold your employer accountable for breaking the law.
Under Florida Statutes § 440.205, no employer may discharge, threaten, intimidate, or coerce a worker because of a valid claim for compensation or an attempt to file one. The claim need not even succeed, as long as it appeared valid when the worker made it. Retaliation can take many forms after a worker files a claim, including:
A workers’ compensation retaliation attorney in Boca Raton can recognize these patterns and connect them to the protected activity.
A successful retaliation claim rests on three basic points: the worker engaged in protected activity by filing or attempting to file a claim; the employer took a negative action; and a connection that links the two. The timing of each point is often relevant, since punishment that arrives soon after a claim is strong evidence of a retaliatory motive. Employers rarely admit the real reason for their actions, but several kinds of proof can support a claim, including:
A Boca Raton lawyer can gather evidence to support a workers’ compensation retaliation claim and counter any excuse the employer offers.
A retaliation claim seeks to compensate the worker financially and address the harm suffered personally. Although circumstances may differ, a claim can recover lost wages and benefits, compensation for emotional distress, and, in some situations, reinstatement to the job. When an employer’s conduct is especially egregious, punitive damages may also be available.
These claims are separate from the underlying workers’ compensation benefits, so a worker can pursue both simultaneously. Florida limits how long a worker has to file, so acting quickly protects their claim. We can value the full harm and seek every remedy the law allows.
No one should have to choose between reporting an injury and keeping their job, and Florida law makes sure this does not happen. When an employer forces a choice, you have the power to respond. A Boca Raton workers’ compensation retaliation lawyer at Werner, Hoffman, Greig & Garcia will stand with you and fight to protect your livelihood.
You do not have to stand up to a powerful employer by yourself. Reach out to our team today to schedule your free consultation and let us help you hold your employer accountable.
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