Kenneth Brian SchwartzWorkers' Compensation LawyerWest Palm Beach, FL ·
You should hire an attorney immediately. The law plainly states that no employer shall discharge any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law. So, if you were actually fired BECAUSE you filed a comp claim, then the employer committed an unlawful act, and you can sue for damages as a result. Note, though, that you have to prove the "because I filed a workers' comp claim for my injury" part of your allegation. Just because you were fired after you made a claim for benefits does not necessarily mean that the two events are connected. Employers will defend themselves by saying that the injured worker was fired for reasons unrelated to the injury or the claim for benefits, and proving that the alternate reason they gave for termination was a "pretext" can be quite difficult. So, again, go hire an attorney immediately. If you need the name of an attorney in the Orlando area who handles w/c retaliation claims, please let me know.
Many workers who are let go think that there has to be a sinister motive. Some workers who file WC claims think it will protect them from normal disciplinary action or prevent there termination. The Employer can fire you for almost any reason EXCEPT for filing a WC claim. Even then, if your disability extends past the 12 week FMLA job guarantee, business necessity is a valid excuse. The filing of a WC claim does not offer you a lifetime locker in the Company dressing room. If you really were terminated within a week of filing a WC claim, you should see an Attorney. Just make sure that you have a spotless personnel file, because any other reason will probably carry the day. If you were separated after 9 months of disability, you can still see an Attorney, but the odds are severely stacked against you.
If you are correct that this is the reason for termination, and you were not an employee of a religious organization, call a lawyer...NOW!. While I am not admitted in Florida, and as such I defer to my brethern of the Florida bar on the subject, Florida Statute 440.205 states "No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee's valid claim for compensation or attempt to claim compensation under the Workers' Compensation Law." Even if your personnel record is not "spotless" I would consult counsel on the matter, because some courts have held that retailiation does not need to be the exclusive reason for firing, if you can prove that it was a substantial reason,,, play it safe and talk to an Florida labor lawyer asap.
Best-
Charlie
Under Florida Statutes 440.105, the employer/carrier is not allowed to retaliate against a person filing a workers' compensation claim. That is to say that the employer cannot terminate you if they have cause.