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Can I Be Fired for Claiming Workers’ Compensation in Florida? 

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You can’t be fired for claiming workers compensation in Florida. However, employers sometimes take advantage of an employee’s absence due to injury to wrongfully fire them in retaliation for claiming workers compensation. When that happens, you may have a legal claim for wrongful termination

You have the right to challenge a retaliatory termination. It’s a violation of Florida law. The workers compensation attorneys of Kogan & DiSalvo are experienced investigative attorneys. We know how to gather the proof needed to get the compensation you deserve. Reach out to us for a free, no-obligation case evaluation today. 

What Is a Retaliatory Firing? 

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It can be a challenge to prove that your employer fired you in retaliation for claiming workers compensation. That’s because, generally, Florida is an at-will employment state. Therefore, in most situations, employers don’t need a reason to terminate employment.  

In most situations, your employer will make up an excuse, such as no longer needing you, decline in revenue, or poor performance. Ordinarily, these are valid reasons under Florida law to terminate an employee. However, if the real reason for firing you is retaliation for claiming workers compensation, then the employer has violated Florida law.  

If you had an employment contract or if your job was covered by a collective bargaining agreement, then your employment is an exception to Florida’s at-will rule. With those protections, your employer needs to show good cause, which generally amounts to egregious conduct, as grounds for firing you.

What Happens If I’m Fired After Claiming Workers Compensation? 

An injured worker strapped to a medical gurney while paramedics work on him

Receiving workers compensation doesn’t obligate your employer to hold your job for you. The company can fire you for legitimate reasons when you are recuperating.  

However, it’s not legal for the company to claim falsely, for example, that they’ve fallen on hard times or don’t need you anymore. When you believe you have been fired because you got hurt and put in a claim for workers compensation, trust your gut instinct. Your firing may well have been retaliatory and unlawful. Reach out to a Florida workers compensation attorney who will take legal action on your behalf. 

Can I Legally Lose My Job While I’m Collecting Workers Comp? 

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Your job does not automatically end when you file a claim for workers compensation, and the company does not have the right to fire you in retaliation for doing so.  

However, when the company legitimately has a reason to downsize its staff, it may legally eliminate your position. Taking time away from work while on workers compensation, unfortunately, doesn’t shelter your job from the company’s economic realities. The company may continue to make employment decisions, so long as they are not motivated by retaliation for claiming workers compensation.  

If you are let go while you are collecting workers compensation, the disability insurer should still be responsible for paying your benefits because your injury was incurred while you were an employee. If payments cease, seek legal counsel.  

How Kogan & DiSalvo Can Help 

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When an employer retaliates against you for claiming workers compensation, they violate Florida law. Kogan & DiSalvo can bring a lawsuit for wrongful termination. Our attorneys have decades of investigatory experience. By filing a lawsuit on your behalf, we will gain access to your employer’s internal documents, emails and phone records. We will ask your employers questions under oath. The goal will be to recover money damages you have suffered by losing your job. 

Kogan & DiSalvo understands how important workers compensation is to you and your family as you recuperate. We have represented injured individuals throughout Florida, helping them obtain the justice they deserve. Reach out to us today for a free, no-obligation consultation. 

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