There are a multitude of reasons why a worker may choose to sue workers’ compensation. It can be denied claims, unfair dismissal, insufficient compensation, etc. However, you may wonder if losing your job can be a consequence of filing a lawsuit. An experienced Florida workers’ comp attorney can be by your side while you take legal action to protect you and your rights.
Understanding your rights is the ultimate protection in this situation. This post will tell you if losing your job is a risk and what to do if you face retaliation.
Workers’ Compensation in Florida
Workers’ compensation is a state required insurance program that pays benefits to employees who get hurt or sick on the job. In Florida, this program covers medical expenses, lost wages and rehabilitation costs so workers don’t have to go to court. It also protects employers from being sued by employees for workplace injuries. Workers’ compensation law governs the benefits and protections provided to employees.
Florida Workers’ Comp System
Florida’s workers’ comp system is run by the Florida Division of Workers’ Compensation. Employers must have workers’ compensation insurance if they have 4 or more employees. This includes full-time, part-time and seasonal employees. It’s a no-fault system meaning employees can get benefits regardless of who was at fault for the injury. The workers compensation system in Florida is designed to provide benefits to injured employees regardless of fault.
Types of Workers’ Comp Claims and Benefits
Florida workers’ compensation claims are filed for many reasons. Common claims are for accidents, repetitive stress injuries and occupational illnesses. Accidents can be from falls and equipment malfunctions to vehicle collisions. Repetitive stress injuries are from tasks that require repeated motion, such as typing or assembly line work. Occupational illnesses are health issues that are related to the work environment, such as exposure to toxic substances or hazardous materials.
A job-related injury can include any injury that occurs in the course of employment, such as falls, equipment malfunctions, and vehicle collisions.
File a Workers’ Comp Claim
To file a workers compensation claim in Florida, an employee must report the injury or illness to their employer within 30 days of the incident or diagnosis. The employer then has 7 days to report the claim to their insurance carrier. Once the claim is filed, the insurance company has 14 days to respond. Benefits cover medical expenses, temporary total disability benefits, permanent impairment benefits and vocational rehabilitation if needed.
Challenges and Considerations
While it’s a simple process, employees may face challenges like denied claims or disputes over benefits. It’s important for workers to know their rights and seek legal advice if they run into problems. A workers’ comp attorney can help navigate the system and make sure employees get the benefits they are entitled to under Florida law. Experienced workers compensation attorneys can help navigate the system and ensure employees receive the benefits they are entitled to.
Can You Sue Workers Comp in Florida?
When You Might Sue Workers Comp
Suing workers’ comp in Florida usually happens when there are issues like denied claims, inadequate benefits or perceived retaliation from an employer. Employees may feel forced to sue workers comp if they think their legitimate claims are being ignored or if the benefits are not enough to cover their medical expenses and lost wages. Another common scenario is when an employee is retaliated against for filing a workers’ comp claim, such as demotion, reduced hours or even termination. If an employer fired an employee in retaliation for filing a workers’ comp claim, the employee may have grounds for a lawsuit.
Sue the Employer vs Sue Workers Comp
It’s important to know the difference between suing your employer and suing the workers’ comp insurance company, especially when dealing with a workers compensation claim. In Florida, the workers’ comp system is designed to protect employers from being sued by employees for work related injuries. Instead, disputes are usually handled within the workers’ comp system. But there are times when you can sue the insurance company, especially if they act in bad faith by denying a legitimate claim without a reason or delaying payments.
Legal Ramifications and Protections
Employees considering a lawsuit should know the legal landscape. Florida law protects employees from retaliation for filing a workers’ comp claim. If an employer retaliates, the employee has grounds to sue the employer. If the insurance company is found to be acting in bad faith, they can be held liable for extra damages. Be sure to document everything related to your claim. An injured employee has legal protections against retaliation and can seek legal recourse if their rights are violated.
Consult a Lawyer
Workers’ comp law is complicated without a guide. Consulting with an experienced workers compensation attorney can help you know your rights and what to do. A experienced attorney can review your case, gather evidence and represent you in court if needed. They can also help settle your claim and make sure you get all the benefits you are entitled to under Florida law.
Retaliation Protections
Florida Law Explained
In Florida, employees are protected by law from retaliation for filing a workers’ comp claim. These protections are so employees can seek benefits without fear of reprisal from their employer. The Florida Workers’ Compensation Act explicitly prohibits employers from discharging, threatening to discharge, intimidating or coercing employees because they filed a workers’ comp claim. If an employer fired an employee in retaliation for filing a workers’ comp claim, the employee may have grounds for a lawsuit.
Florida Statutes and Rules
The main statute that protects against retaliation is Section 440.205 of the Florida Statutes. This statute states no employer shall discharge or threaten to discharge an employee for filing a claim under the workers’ comp law. Violation of this statute can make the employer liable for compensatory damages, including lost wages, emotional distress and in some cases, punitive damages. Federal laws like the Occupational Safety and Health Act (OSHA) also protect against retaliation for reporting workplace injuries or illnesses.
Workers compensation laws in Florida provide protections and benefits to employees while limiting the ability to sue employers directly.
What to Do If You’re Being Retaliated
1. Recognizing Retaliation
Recognizing retaliation is the first step to addressing it. Signs of retaliation can be sudden changes in job duties, unwarranted discipline, reduced hours, demotion or even termination after filing a workers’ comp claim. Other subtle forms of retaliation can be exclusion from meetings, negative performance reviews without cause or a hostile work environment. Be aware and note any changes in treatment after you filed a claim. If an employer fired an employee in retaliation for filing a workers’ comp claim, the employee may have grounds for a lawsuit.
2. What to Do Immediately
If you’re being retaliated against, take immediate action to protect yourself. Start by documenting everything. Keep a log of dates, times, specific actions taken by your employer and any witnesses to those events. This will be important if you need to prove your case later. Also, keep doing your job to the best of your ability so you don’t give your employer any reason to discipline you further. Retaliation can also impact your ability to pay medical bills and other expenses.
3. Report to the Right People
Once you have enough evidence, report the retaliation related to your workers compensation claim to the right people. In Florida, you can file a complaint with the Florida Division of Workers’ Compensation. They will investigate your claim and take action if they find retaliation. You can also file a complaint with the Equal Employment Opportunity Commission (EEOC) if the retaliation is discrimination. Both agencies have procedures to handle complaints and provide relief to employees.
4. How to File a Retaliation Complaint in Florida
Filing a retaliation complaint is a process. Start by contacting the Florida Division of Workers’ Compensation to file your complaint. Give them all your documentation and evidence. They will walk you through the process and tell you your rights and the outcomes. If filing with the EEOC, you can submit online, by mail or in person. Make sure you file within the time frame, usually 180 days of the retaliatory act. The workers compensation system in Florida provides protections against retaliation for filing a claim.
5. Get a Lawyer
Experienced workers compensation attorneys can help your case big time. An attorney can give you legal advice specific to your situation, explain your rights and represent you in court if needed. They can also help with settlements and make sure you get all the benefits and protections Florida law allows.
Contact an Experienced Florida Workers Compensation Attorney Today!
Workers’ compensation benefits can be a saving grace for many people, but unfortunately, there can be some obstacles along the way. Losing your job can be devastating for many people, especially if it’s a consequence of trying to get fair treatment from workers’ compensation.
At Work Injury Rights, our team is dedicated in helping you getting the justice you deserve. Don’t hesitate and contact us at 954-388-8616 for a free consultation today!
