Many injured workers hesitate to report a workplace injury because they fear losing their jobs. Florida law addresses that fear directly: Section 440.205 of the Florida Statutes bars employers from discharging, threatening to discharge, intimidating, or coercing an employee because of a valid workers' compensation claim or an attempt to make one. Orlando workers' compensation attorney Thomas A. Vaughan says workers should understand both what that protection covers and where its limits are.
Can an Employer Fire You for Filing a Workers' Comp Claim in Florida?
Not for that reason. The statute reaches beyond outright firing. It also covers threats to fire a worker, and intimidation or coercion tied to a claim, so pressure not to report an injury can violate the law even when no one is terminated. It protects an employee who makes a valid claim and one who only attempts to make a claim, and a retaliation case can proceed even if no workers' compensation benefits are ultimately paid.
Florida employment is generally at will, however, the law is not an absolute shield. An employer may still end employment for legitimate, unrelated reasons, such as documented performance problems, a layoff, or a policy violation. The question in a retaliation case is whether the workers' compensation claim was one of the employer's reasons. A worker does not have to prove it was the only reason, but the worker carries the burden of proof.
“The fear of losing a job is one of the main reasons people don't report an injury, or wait until it's much worse,” said Thomas A. Vaughan, a Florida workers' compensation attorney and founder of Vaughan Law Group. “The law is clear that an employer can't punish someone for using the system. The hard part is usually proving why a termination really happened, and that depends on what a worker documents and how quickly they act.”
How Does a Workers' Comp Retaliation Claim Work?
A retaliation claim, often called a retaliatory discharge or wrongful termination claim, is separate from the workers' compensation claim itself. It is a civil lawsuit filed in circuit court rather than a petition heard by a Judge of Compensation Claims, and a worker can pursue it alongside a benefits claim. Florida courts apply a four-year statute of limitations to these claims, far longer than the 30-day deadline to report a workplace injury or the two-year deadline to petition for benefits. A worker who proves retaliation may seek damages that can include lost wages, lost earning capacity, and emotional distress.
What Should an Injured Worker Do if the Job Is on the Line?
Attorney Vaughan recommends that workers report injuries promptly and in writing, keep copies of every report, medical record, and message with their employer, and note the timing of any discipline, schedule change, or termination in relation to the claim. Performance reviews and written warnings from before the injury can matter, since they help show whether the employer's stated reason predates the claim. A Florida workers’ compensation lawyer can review that timeline and advise whether a retaliation claim is worth pursuing alongside the benefits claim.
Workers who are still employed but are being pressured not to report an injury, or to handle it outside the system, should speak with a workers' compensation attorney before agreeing to anything.
Anyone in Orlando or Central Florida with questions about retaliation after a workplace injury can speak with an Orlando workers' compensation lawyer at Vaughan Law Group.
About Vaughan Law Group
Vaughan Law Group is an AV-rated Orlando, Florida law firm representing injured workers throughout Central Florida in workers' compensation claims, including brain, neurological, orthopedic, chemical exposure, paraplegia, and quadriplegia injuries. Founded by Thomas A. Vaughan, the firm works on contingency, advancing case costs so clients pay nothing unless benefits are secured. Anyone searching for a workers' compensation attorney near me can reach Vaughan Law Group for a free consultation at (407) 648-4535 or visit their website.