- Workers' Comp
Can My Employer Retaliate for Filing Workers’ Comp in FL?
You were hurt on the job and filed a workers’ compensation claim to get the medical treatment and benefits you’re legally entitled to receive. Now you’re worried your employer might fire you or make your work life miserable for exercising your legal rights.
This fear is common, but Florida law is clear: employer retaliation for filing a workers’ comp claim is illegal. If your employer punishes you for pursuing benefits after a workplace injury, you have legal options beyond your workers’ compensation case.
What Is Workers’ Compensation Retaliation in Florida?
Workers’ compensation retaliation happens when an employer punishes an employee for filing a workers’ comp claim. Florida Statute § 440.205 makes it a criminal offense for employers to discriminate against workers who file legitimate injury claims.
Common Types of Employer Retaliation
Florida workers face several types of retaliation after filing workers’ compensation claims:
Wrongful termination – Your employer fires you shortly after you file your claim, often citing vague “performance issues” or claiming your position was eliminated.
Reduction in hours or pay – Employers cut your schedule, assign fewer shifts, or demote you to a lower-paying position after you file a claim.
Hostile work environment – Constant criticism, unfair disciplinary write-ups, exclusion from opportunities, or harassment from supervisors who pressure you to drop your claim.
Denial of accommodations – Your employer refuses to provide modified duties when your doctor releases you to work with restrictions.
Intimidation and threats – Supervisors warn you against filing claims or pressure you to return to work before your doctor clears you.
If any of this sounds familiar, document everything. Keep emails, text messages, witness names, and notes about conversations with dates and times.
Is It Illegal for My Employer to Fire Me After Filing Workers’ Comp?
Yes. Florida law explicitly prohibits employers from firing or discriminating against employees who file workers’ compensation claims. Your employer cannot legally terminate you solely because you reported a workplace injury and filed for benefits.
However, Florida is an at-will employment state, meaning employers can fire workers for almost any reason—as long as it’s not illegal. Discrimination based on workers’ compensation claims is illegal.
Your employer might claim they fired you for legitimate business reasons unrelated to your claim. This is where proving retaliation becomes critical. Florida courts look at timing, patterns, and whether the stated reason holds up under scrutiny. If you were a good employee for years and suddenly got fired days after filing a claim, that timing suggests retaliation.
How Do I Prove My Employer Retaliated Against Me?
Proving workers’ compensation retaliation requires showing you engaged in protected activity (filing a claim), your employer took adverse action against you, and a causal connection exists between your claim and their actions.
Evidence That Supports Retaliation Claims
Strong retaliation cases rely on solid documentation:
Performance records showing you were a good employee before filing help disprove employer claims of poor performance.
Email and text communications can reveal retaliatory intent. Comments like “we need to get rid of him” or “this claim is costing us too much” prove discriminatory motivation.
Witness testimony from coworkers who heard threats or saw you being treated differently after your claim strengthens your case.
Timeline documentation tracking when you reported your injury, filed your claim, received negative treatment, and when your employer terminated you helps establish the causal connection.
A Florida work injury attorney knows exactly what evidence to gather and how to build a compelling retaliation case.
What Are My Legal Options If I Face Workers’ Comp Retaliation?
You have multiple legal remedies if your employer retaliates against you for filing a workers’ compensation claim.
Filing a Civil Lawsuit for Retaliatory Discharge
Florida law allows you to file a separate civil lawsuit against your employer under Florida Statute § 440.205. This lawsuit is independent of your workers’ comp claim and can result in damages that workers’ comp doesn’t cover.
Successful retaliation lawsuits can recover:
Back pay for wages lost from termination until case resolution
Front pay for future lost wages if you can’t return to your job
Reinstatement to your former position with same pay and benefits
Emotional distress damages for psychological harm
Attorney’s fees and costs so you don’t pay out of pocket
Punitive damages when employer conduct was particularly egregious
How Long Do I Have to File a Retaliation Claim in Florida?
Florida law imposes strict deadlines for filing workers’ compensation retaliation claims. You typically have one year from the date of the retaliatory action to file a civil lawsuit under Florida Statute § 440.205.
This one-year statute of limitations is shorter than deadlines for many other employment claims, which makes acting quickly essential. If you miss this deadline, you lose your right to sue your employer for retaliation.
Don’t Wait to Contact a Florida Work Injury Lawyer
Many injured workers wait too long to seek legal help. They hope the situation improves or don’t realize illegal retaliation has occurred. By the time they contact a lawyer, valuable evidence has disappeared and deadlines have passed.
Contact a Florida workers’ compensation lawyer as soon as possible after experiencing retaliation. Early legal intervention helps you preserve evidence, meet filing deadlines, and understand all your legal options.
Can I Still Get Workers’ Comp Benefits If My Employer Fires Me?
Yes. Your employer cannot terminate your workers’ compensation benefits simply because they fire you. Workers’ comp benefits are independent of employment status once your claim is approved.
If you were receiving medical treatment or wage replacement benefits before termination, those benefits should continue regardless of your employment status. Your right to medical care for your work injury doesn’t disappear because your employer fires you illegally.
A Florida workers’ compensation attorney protects your benefits after termination, fights claim denials, and ensures you receive all medical treatment and wage replacement you’re entitled to receive.
How Work Injury Rights Protects Florida Workers from Retaliation
WorkInjuryRights.com exists specifically to protect injured workers from the tactics employers and insurance companies use to deny valid claims and violate worker rights. We exclusively represent injured workers, never employers or insurance companies.
Our Florida work injury lawyers have recovered over $200 million in compensation for injured workers. We’ve handled hundreds of retaliation cases and know exactly what evidence to gather and how to maximize your recovery.
We work on contingency—you pay nothing unless we win. No upfront fees, no hourly billing, no financial risk to you.
Immediate Steps to Take If You Face Retaliation
If your employer fires you or threatens you after you file a workers’ compensation claim:
Document everything – Save all communications, write down dates and details, and identify witnesses.
Don’t sign anything your employer gives you without consulting a lawyer first.
Continue your medical treatment as prescribed.
Contact a Florida workers’ compensation lawyer immediately – Early legal intervention preserves evidence and protects your rights.
File for unemployment benefits if you’ve been terminated.
Don’t try to handle workers’ compensation retaliation alone. You deserve experienced legal representation fighting for your rights.
Contact Florida’s Workers’ Compensation Lawyers Today
Employer retaliation is illegal, and you don’t have to accept it. Florida law protects your right to file workers’ compensation claims without fear of losing your job.
If you’ve been fired, demoted, harassed, or threatened after filing a workers’ comp claim, contact WorkInjuryRights.com for a free consultation. Our Florida workers’ compensation attorneys will evaluate your case, explain your legal rights, and fight to secure the justice and compensation you deserve.
Call us today at 954-388-8616 or contact us online. We serve injured workers throughout Florida from our offices in Coral Springs, Fort Lauderdale, Boca Raton, Coral Gables, Doral, Fort Myers, Tampa, Miami, Orlando, and Sunrise.
Don’t let illegal retaliation go unchallenged. Let Florida’s dedicated workers’ compensation lawyers help you fight back.
