If I Sue Workers' Compensation, Will I Lose My Job?

July 16, 2024

Sue Workers’ Compensation: What You Need to Know About Job Protection

At Work Injury Rights, we are committed to representing injured workers throughout Florida. Our firm was founded with the mission to stand up against the unethical tactics employed by insurance companies that often deny rightful claims. With over 45 years of combined experience, our team of dedicated attorneys has successfully recovered over $200 million in compensation for our clients.

Filing a workers’ compensation claim can be a critical step for injured employees seeking medical treatment and financial support. However, many workers worry about the potential consequences, particularly whether they could lose their job in the process.

In this blog, we’ll address concerns about suing workers’ compensation and its impact on your job, and highlight how working with an experienced Florida workers’ compensation lawyer can protect your rights.

Understanding Florida Workers’ Compensation Law

Florida workers’ compensation law is designed to protect employees who suffer injuries at work. This section breaks down the basics of how the system works and what rights you have as an injured worker in Florida.

What is Workers’ Compensation?

Workers’ compensation is a no-fault insurance system that provides benefits to employees who are injured on the job. In Florida, all employers with four or more employees are required to carry workers’ compensation insurance. This insurance covers medical expenses, lost wages, and other benefits for injured workers.

Florida Statutes on Workers’ Compensation

The Florida workers’ compensation system is governed by Chapter 440 of the Florida Statutes. This law outlines the rights and responsibilities of both employers and employees. Under Florida Statutes 440.11, the system is generally the exclusive remedy for work-related injuries, meaning you cannot sue your employer for negligence or injuries caused by workplace accidents unless specific conditions apply.

Benefits Provided by Workers’ Compensation

When you file a workers’ compensation claim in Florida, you are eligible for several types of benefits. These include:

Medical benefits: Coverage for necessary medical treatment related to your injury.
Wage replacement: Compensation for lost wages during your recovery.
Permanent disability benefits: If you are left with permanent impairments, you may receive ongoing benefits.
Death benefits: If a worker dies from a work-related injury, their dependents may receive compensation.

Employer Responsibilities in Florida

In Florida, employers must provide workers’ compensation insurance to all employees, whether full-time or part-time, who meet the threshold of four or more employees. Employers are also required to inform employees about their workers’ compensation rights. Failure to comply with these requirements can lead to legal consequences for the employer.

Workers’ Compensation Insurance Companies

Workers’ compensation insurance is typically provided by private insurance companies, although some employers may opt to self-insure. Insurance companies handle the claims process, from paying medical bills to issuing wage replacement benefits. They are also responsible for ensuring the claim meets all the required criteria under Florida workers’ compensation law.

Can You Sue Workers’ Compensation?

In Florida, workers’ compensation is typically the only way for injured employees to receive benefits. However, there are certain circumstances in which you may have the right to file a lawsuit in addition to a workers’ compensation claim.

Exclusive Remedy Rule

Florida’s workers’ compensation system is designed to be the exclusive remedy for most workplace injuries. According to Florida law, this means you generally cannot sue your employer for a work-related injury if you are covered by workers’ compensation. The goal is to provide benefits without needing to go to court, streamlining the process for both parties.

Exceptions to the Exclusive Remedy Rule

There are specific situations where you may be able to sue for a personal injury claim even if workers’ compensation applies. These exceptions include:

Employer negligence: If your employer fails to maintain a safe working environment or violates safety laws, you may be able to sue for additional damages.
Intentional injury: If your employer intentionally causes harm, you may file a personal injury lawsuit in court. This could include actions like assault or willfully disregarding safety procedures.
Third-party liability: If a third party, such as another company or contractor, caused your injury, you may have the option to sue that party in addition to filing for workers’ compensation.

Suing for Third-Party Claims

In some cases, a third-party may be responsible for your injury. For example, if a contractor’s negligence caused your accident, you could file a personal injury lawsuit against that contractor. This is separate from your workers’ compensation claim and does not impact your eligibility for benefits. You could receive additional compensation for pain, suffering, and lost wages.

What Happens If You Sue for Workers’ Compensation?

If you decide to file a lawsuit in addition to workers’ compensation, it’s important to understand that the two are separate processes. Workers’ compensation benefits will still be available to you while the lawsuit is ongoing. However, if you win a lawsuit against a third party, any compensation you receive may affect your workers’ compensation benefits. This depends on the specifics of the case and the laws around subrogation, where the insurance company may seek to recover some of the costs they paid for your claim.

Will Suing Workers’ Compensation Impact My Job?

Many injured employees worry that suing workers’ compensation or filing a claim will lead to job loss or retaliation. Here’s how Florida law protects workers in these situations.

Florida Law Protects Against Retaliation

Under Florida Statutes 440.205, employees are protected from retaliation by their employers for filing a workers’ compensation claim. It is illegal for an employer to fire, demote, or discriminate against an employee solely for seeking workers’ compensation benefits. If you face retaliation after filing a claim, you can take legal action against your employer.

Job Security During the Claims Process

In Florida, the filing of a workers’ compensation claim does not automatically put your job at risk. As long as your claim is legitimate and you follow the proper procedures, your employer cannot fire you simply for seeking workers’ compensation. However, if you face job loss during the claims process, it may be due to other legitimate reasons unrelated to the injury or the claim.

When Job Loss May Occur

Although workers’ compensation claims are generally protected under Florida law, job loss can still happen in certain circumstances:

Economic reasons: Employers may be forced to lay off employees due to financial or operational reasons unrelated to the injury.
Performance issues: If your employer is able to prove that your performance was inadequate before the injury, they may have grounds to terminate your employment.
Employer failure to follow the law: If your employer does not comply with the law, such as failing to carry workers’ compensation insurance, you may be able to pursue a legal claim against them.

Steps to Take If You Fear Job Loss

If you are concerned about losing your job after filing a workers’ compensation claim, you should:

Document all communications with your employer regarding your injury and claim.
Keep records of your job performance, attendance, and any related issues before and after your injury.
Consult with a Florida workers’ compensation attorney if you believe your employer is retaliating against you for filing a claim.

The Role of Workers’ Compensation Insurance

Workers’ compensation insurance is in place to help workers recover from injuries without risking their employment. Insurance companies handle the claims process, ensuring that employees receive the benefits they need while maintaining job security. In some cases, insurance companies may also assist employers with accommodations or other solutions that allow you to return to work without losing your job.

Seeking Legal Help

If you fear retaliation or job loss after filing a workers’ compensation claim, speaking with a Florida workers’ compensation attorney is crucial. A legal professional can help you understand your rights, assess your situation, and guide you through the process of protecting your job and securing the benefits you deserve.

Can You Be Fired After a Workers’ Compensation Claim?

Workers often fear that filing a workers’ compensation claim will lead to termination.

Florida Law and Job Protection

Florida law provides strong protections against retaliation for workers who file workers’ compensation claims. State law prohibits employers from firing, demoting, or discriminating against an employee for seeking workers’ compensation benefits. If you face termination after filing a claim, it may be due to reasons unrelated to the injury or the claim itself.

When Can You Be Fired?

While workers’ compensation claims are protected under Florida law, employees can still be fired for reasons unrelated to their claim:

Performance-related issues: If your employer can prove you were not meeting performance standards before the injury, they may have grounds for termination.
Economic or operational reasons: Employers may lay off employees for financial reasons or due to business changes that are not connected to the workers’ compensation claim.
Company policy violations: Firing may occur if an employee violates company policies unrelated to their injury or claim.

Retaliation and Wrongful Termination

If your employer fires you solely because you filed a workers’ compensation claim, this could be considered retaliation or wrongful termination. Retaliation is illegal, and you have the right to pursue legal action if you believe your firing was in violation of this law.

What to Do If You Are Fired

If you are fired after filing a workers’ compensation claim, take the following steps:

Document everything: Keep records of your job performance, communication with your employer, and details surrounding your claim.
Consult a Florida workers’ compensation attorney: If you believe your firing was retaliatory or unlawful, an attorney can help you understand your rights and options for pursuing a claim.

Workers’ Compensation Benefits and Job Security

Filing a workers’ compensation claim should not cost you your job. The benefits you receive through workers’ compensation, such as medical treatment and lost wages, are separate from your employment status. Employers are required to honor Florida’s legal protections, but if you are wrongfully terminated, legal action can help protect your rights.

Protect Your Rights with Work Injury Rights!

If you’re worried about the impact of a workers’ compensation claim on your job, it’s essential to understand your rights under Florida law. Don’t face the complexities of workers’ compensation alone; our team at Work Injury Rights is here to guide you through the process. With the support of an experienced Florida workers’ compensation attorney, we’ll help you navigate the system, protect your employment, and ensure you receive the full benefits you deserve