Can You Be Fired for Filing a Workers’ Comp Claim in Florid
Executive Summary: Florida law protects workers from being fired for filing a workers’ compensation claim. But because Florida is an at-will state, employers may try to hide retaliation under other reasons. If you were let go shortly after filing a claim, you may have a retaliation case. Document everything and seek legal advice quickly to protect your rights.
If you get hurt on the job, one of the first questions you might ask is: “Will I lose my job if I file for workers’ compensation?” It’s a fair question, and one that too many Florida workers worry about. The law is clear: You have the right to file a workers’ comp claim. But some employers still try to punish people for doing it. That’s where the law steps in.
Florida Law Protects Injured Workers
Florida Statute § 440.205 says an employer cannot fire, threaten, or intimidate an employee for filing or trying to file a workers’ comp claim. This is called retaliation, and it’s illegal.
This means if you were injured at work and followed the proper steps to report it and seek benefits, your job should not be at risk just because you exercised your legal rights. If your employer fires you, demotes you, cuts your hours, or harasses you after filing a claim, you may have a separate legal case for retaliation.
But That Doesn’t Mean You Can’t Be Fired
While Florida law protects you from being fired solely because you filed a workers’ compensation claim, it doesn’t mean your employer can’t fire you altogether. Florida is an “at-will” employment state. That means your employer can let you go for almost any reason—as long as it’s not illegal.
Here’s where things get tricky. An employer might try to claim they fired you for a different reason, like job performance, policy violations, or company downsizing. If this happens shortly after you file a claim, it’s worth taking a closer look. The timing could suggest retaliation, even if the employer gives a different excuse.
What to Do If You Think You Were Fired for Filing a Claim
If you believe your employer retaliated against you, take these steps:
Write down what happened. Keep a record of the dates, times, and details.
Save emails, texts, and voicemails. These can help show a pattern.
Talk to coworkers. They may have seen or heard things that support your case.
Request your personnel file. You have a right to see what’s in it.
Once you gather this information, you can bring it to a legal team for review. A retaliation claim is a separate civil lawsuit, not part of your workers’ comp case, and has different rules and deadlines.
Can You Be Rehired or Get Your Job Back?
If you win a retaliation case, you may be able to get your job back or receive compensation for lost wages. Some cases also allow for emotional distress damages or payment for legal costs.
But more often, workers move on and focus on getting fair compensation for what they lost. Filing a retaliation case sends a clear message: Workers’ rights matter, and unfair treatment won’t go unchecked.
Contact The Law Office of William Robinson
If you’ve been injured at work and fear losing your job or believe you were fired for filing a claim, the Law Office of William Robinson is ready to help. Our team understands the real-world challenges workers face, and we approach each case with fairness, urgency, and a deep understanding of justice. Contact us today to schedule a consultation.
