Workers' Compensation Retaliatory Discharge

If you have been fired, threatened, intimidated or harassed for making or trying to make a valid workers’ compensation claim, contact the compensation retaliation attorneys at Holbrook Law.

In Florida, it is illegal to fire, threaten to fire, or to intimidate or coerce an employee after an employee asserts or attempts to assert a valid workers’ compensation claim. Florida Statutes §440.205. If you were injured as a result of a job related accident, have attempted to make a valid workers’ compensation claim for your injury and have been fired, threatened or harassed as a result, you may be entitled to money damages. Ortega v. Engineering Systems Technology, Inc., 30 So.3d 525 (Fla. 3d DCA 2010); Humphrey v. Sears, Roebuck, and Co., 192 F.Supp.2d 1371 (S.D.Fla.2002).

If we are able to prove that your adverse employment action was a direct result of your claim or attempt to assert a valid claim for workers’ compensation benefits, (at bare minimum, your employer must have been aware of your claim or intent to claim workers’ compensation benefits at the time of the adverse employment action; Andrews v. Direct Mail Exp., Inc., 1 So.3d 1192 (Fla. 5th DCA 2009)), the money damages recoverable may include:

Lost past wages;
Lost future wages;
Mental pain and suffering (emotional distress); and
Punitive damages (presuming the employer’s conduct rose to the appropriate level of culpability.

If you have suffered a retaliatory discharge after a workers compensation claim, contact the Jacksonville and Sarasota workers’ compensation retaliation attorneys at Holbrook Law to protect your rights and your family. There is generally no fee unless a recovery is made in your case.


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