If you were injured in a workplace accident or if you’re suffering
from an occupational disease and you’re contemplating filing a
workers’ compensation claim, you may wonder, “Can my employer fire me for filing a workers’
We bring this up because we get asked this question often. A lot of workers
hesitate to file workers’ compensation claims because they’re
afraid their employers will retaliate and fire them, even if they don't
come out and say that's the reason.
What are the alternatives to filing a workers’ comp claim? Often,
injured workers pay their own medical bills, or they don’t receive
proper medical treatment. They live in pain, and have difficulty walking,
lifting, or bending over.
If such workers take a couple of weeks off work, they often return in bad
shape, well before they’re ready to go back to work. Really, it’s
all downhill from there.
When injured employees don’t file workers’ comp claims they can:
- Pay all of their own medical bills (even if they have insurance, they still
have to pay co-payments and deductibles, which can be costly).
- Lose critical income from not working for weeks or months.
- If they don’t receive medical care, they live in pain and their condition
worsens as time passes – leading to a diminished quality of life.
- The worker may eventually lose his or her job if their injuries prevent
them from working.
So, can your employer legally fire you for filing a workers’ compensation
claim? Even though Florida is technically an at-will employment state,
like most states, which means employers can terminate employees at any
time and for any reason, they cannot fire people for
If your employer fires you because you file a workers’ compensation
claim, that would be considered discrimination, and it would make your
employer vulnerable to an employment lawsuit, or an employment discrimination lawsuit.
If you were injured on the job, don’t be afraid to file a workers’
compensation claim. The law is designed to protect injured workers and
that includes protecting them from employer retaliation!
Need a West Palm Beach workers’ compensation attorney?
Contact our firm 24 hours a day, 7 days a week to schedule a free consultation.