Tampa Bay Florida Unemployment Attorney
When a person is injured in the workplace, workers’ compensation is supposed to pay for the injured employee’s medical treatment and a portion of their wages (typically two thirds) while the employee is recovering from their injuries. In return for these benefits, injured employees are barred from suing their employer.
However, it is often the case that an employer is not responsible for a workplace injury. Sometimes a third party, such as a vendor or subcontractor, is responsible for an injury at work. In these cases, workers’ compensation is not the sole remedy, and the injured employee can file a personal injury lawsuit. At Richard E. Wolfe, P.A., we represent people who have been injured by third parties in the workplace. We also represent employees who suffer retaliation for filing workers’ compensation claims.
Workers’ Compensation Retaliation is Illegal
All too often, employees who suffer serious injuries while on the job decide not to file for workers' compensation because they are afraid of the consequences. Often, these employees are afraid that their employer will retaliate against them for filing a workers' compensation claim.
The good news is that most employers do not retaliate against employees for filing workers' compensation claims. Most employers understand that workers have a right to seek workers' compensation benefits when they have sustained a valid work related injury.
Unfortunately, there are still a number of employers who do retaliate against their employees who seek workers' compensation benefits. In addition to being immoral and short-sighted, employer retaliation against workers' compensation claimants is illegal.
Florida Labor Code 440.205
Florida law clearly states that an employer may not retaliate against an employee who files for workers' compensation benefits. Florida Labor Code 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.
What Can I Do?
If you have been harassed, fired, demoted or otherwise retaliated against for seeking workers' compensation benefits, contact an attorney immediately. Your employer may already be speaking with an attorney who is helping them prepare for the possibility of litigation.
If you do make an allegation of retaliation, your employer may claim that you were a bad employee and that any adverse employment decision had nothing to do with your pursuit of workers' compensation benefits. You will need an experienced employment law attorney who can review the facts of your case and provide candid advice about your chances of success.
To speak with a lawyer about workers' compensation retaliation, contact Richard E. Wolfe, P.A.. Our law office is located in the Greater Tampa Bay area.