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Workers’ Compensation Retaliation

Were you injured on the job and terminated shortly thereafter for filing a workers’ compensation claim with your employer? Were you injured and then harassed or intimidated for asking about filing a workers’ compensation claim? Has your employer ever told you to just claim it with your personal insurance and say it was not work related?  If any of these scenarios sounds familiar, you may have a workers’ compensation retaliation claim against your employer. Fla. Stat. § 440.205, establishes that, no employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law. An individual does not have to prove that retaliation for engaging in protected activity was the sole motivating factor for the adverse action, but rather only needs to show that it was a substantial motivating factor for the harassment, retaliation, demotion, cut in pay or termination. Unlike workers’ compensation benefit claims, workers’ compensation retaliation claims are within the jurisdiction of the circuit courts, and are not cognizable before a judge of compensation claims (workers’ comp judges).

The attorneys at Westberry & Connors, LLC. are Florida Board Certified Specialists in Labor and Employment Law. If you believe that you have been retaliated against because you were injured on the job, call Westberry & Connors. (850) 501-1141. Don’t let just any law firm handle your case, contact the specialists at Westberry & Connors, LLC.

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