Can I Be Fired If I File A Workers’ Compensation Claim in Florida?
This is a very common question that injured workers have when they contact our office. Unfortunately, a new study claims that being injured at work increases your chance of losing your job.
Using data from a study completed by the Work, Family and Health Network, researchers at the Harvard T.H. Chan School of Public Health in Boston found that employees who were injured at work had more than twice the risk of being fired within six months. The study interviewed 1,331 nursing home workers who completed four interviews for the study — one at the beginning, again in six months, at one year, and then at 18 months. Each person was asked if they had been injured during the previous six months in a workplace accident.
The researchers used this data in addition with administrative data from the nursing homes to identify the workers who chose to leave and those who were fired. After analyzing all of the data, the researchers discovered roughly 30 percent of the workers in the study had been injured on the job. Twenty-five percent of the workers injured no longer had that job at 18 after 18 months. Based on the information, the study concluded workers who were injured on the job were 30 percent more likely to not have that job within six months after the injury. This includes both voluntary and involuntary terminations.
Can An Employer Fire An Employee For Being Injured At Work
The answer is no. There are federal and state protections in place to prevent injured workers from being terminated solely for the reason they were injured at work. As the above study shows, employers do not always obey that law. Florida’s workers’ compensation laws prohibit an employer from firing an employee simply because the employee was hurt at work.
It can be complicated but not impossible to prove employer retaliation. In order to prove that your employer violated workers’ compensation and employment laws, you must show:
- You were employed by the alleged violator;
- You were injured while performing the duties of your job;
- You filed a workers’ compensation claim;
- You suffered some type of adverse employment action such as being fired or demoted; and,
- Your employer took the adverse employment action because you filed a workers’ compensation claim.
Proving your employer has violated workers’ compensation laws can be complicated. Our attorneys have extensive experience working with clients who have been injured on the job. We can help ensure you receive the workers’ comp benefits you are entitled to receive by taking the necessary steps to investigate and document what has happened to you in order to build a strong case to protect your rights.
Contact a Boca Raton Workers’ Compensation Attorney
If you have questions about Florida’s workers’ compensation laws, you need to file a claim, or you believe your employer has taken illegal actions against you after you were injured, contact our office for a free consultation.
The Broderick Law Firm, P.L. represents injured workers in Boca Raton, West Palm Beach, Fort Lauderdale, Miami, and throughout Florida.