Florida Workers Compensation Retaliation Attorney
Workers’ compensation retaliation is a serious and unlawful act that no employee should have to endure. Despite clear laws prohibiting such behavior, many employees in Florida find themselves subjected to adverse actions by their employers after filing a workers’ compensation claim. If you’re in this situation, it’s crucial to have a dedicated Florida workers’ compensation retaliation attorney by your side to safeguard your rights.
At Yormak Employment & Disability Law, we specialize in defending the rights of employees who have faced retaliation in the workplace. Our firm is led by Benjamin Yormak, a board-certified employment law specialist and one of the few attorneys in Florida with this level of recognition. His expertise and commitment ensure that our clients receive the highest quality legal representation in their workers’ compensation retaliation cases.
We’re here to help. If you’re facing retaliation for filing a workers’ compensation claim, remember that you’re not alone. Our team is prepared to fight for your rights and ensure that your employer is held accountable for their unlawful actions. Contact us today for a free and confidential consultation.
What is Workers Compensation?
Workers’ compensation law is a legal safeguard for employees who suffer from injuries related to their work. It ensures they receive medical care and wage replacement benefits. In the state of Florida, employees are protected from retaliation for filing or even just attempting to file a workers’ compensation claim.
Florida law clearly defines protections for employees against retaliation in workers’ compensation cases and it strictly prohibits employers from discriminating against any employee who is involved in filing a legitimate claim.
Signs of Workplace Retaliation
Workplace retaliation can manifest in various ways, making it sometimes difficult to identify. However, recognizing the signs is crucial to protecting your rights and taking appropriate action. If you have filed a workers’ compensation claim and subsequently notice any of the following changes in your workplace environment, you may be experiencing retaliation:
Negative Performance Reviews: If you’ve consistently received positive performance reviews in the past, but notice a sudden shift to negative feedback after filing a workers’ compensation claim, this could be a sign of retaliation. This is especially true if the negative reviews lack substantial evidence or are based on subjective factors.
Reassignment: Being suddenly moved to a less desirable position, given less significant tasks, or relocated to a less convenient location can be a form of retaliation. This is particularly relevant if the reassignment occurs without a reasonable explanation or is inconsistent with your employment history.
Intimidation: This can take the form of threats, increased scrutiny, or hostile behavior from your employer or supervisors. If you feel that your work environment has become hostile or uncomfortable since filing your claim, it may be a sign of retaliation.
Denial of Benefits and Promotions: If you’re passed over for promotions or denied benefits that you’re entitled to, and this coincides with your workers’ compensation claim, it could be a sign of retaliation.
Pay Cuts: A sudden, unexplained reduction in your salary or hourly wage following a workers’ compensation claim can be a clear sign of retaliation.
Wrongful Termination: If you’re fired or laid off shortly after filing a workers’ compensation claim, and the reasons given seem unfounded or vague, this could be a case of wrongful termination, a severe form of retaliation.
It’s important to remember that any adverse change in your employment status or conditions that occurs because you filed a workers’ compensation claim is considered unlawful retaliation. If you’re experiencing any of these signs, it’s essential to consult with an experienced workers’ compensation retaliation attorney as soon as possible.
Next Steps for Workers’ Compensation Retaliation Claims
If you believe you’re a victim of workers’ compensation retaliation, it’s crucial to take immediate action to protect your rights. Here are the steps you should follow:
- Document Everything: Keep a detailed record of all incidents that you believe are retaliatory. This includes negative performance reviews, instances of intimidation, changes in your job role or responsibilities, and any other adverse actions taken by your employer. Be sure to note the date, time, location, and any individuals involved.
- Preserve Evidence: Save any relevant emails, text messages, or other forms of communication that may serve as evidence of retaliation. If you receive a negative performance review or notice of disciplinary action, be sure to keep a copy.
- Report the Retaliation: Inform your supervisor or human resources department about the retaliation. Make sure to do this in writing and keep a copy of your complaint. This will serve as evidence that your employer was aware of the situation.
- Consult with a Lawyer: It’s crucial to seek legal advice as soon as possible. An experienced workers’ compensation retaliation attorney can guide you through the process, help you gather evidence, and advise you on the best course of action to take.
Remedies Available in a Workers Compensation Retaliation Claim
Remedies Available for Employees with a Workers’ Compensation Retaliation Claim
If you have been subjected to retaliation for filing a workers’ compensation claim, it’s important to know that you have rights and there are remedies available to you under Florida law. At Yormak Employment & Disability Law, we are committed to helping you pursue these remedies and ensure that justice is served.
Some of the remedies available may include:
- Reinstatement: If you were wrongfully terminated or demoted as a result of retaliation, you may be entitled to reinstatement to your previous position or a comparable one.
- Back Pay: This is compensation for lost wages due to wrongful termination, demotion, or a reduction in hours.
- Front Pay: In some cases, if reinstatement is not feasible or appropriate, you may be awarded front pay.
- Compensatory Damages: These damages are meant to compensate you for non-economic losses related to the retaliation, such as emotional distress, pain and suffering, and damage to your reputation.
- Punitive Damages: In cases where the employer’s conduct was particularly egregious or malicious, punitive damages may be awarded to punish the employer and deter similar behavior in the future.
- Legal Fees and Costs: If your claim is successful, you may also be able to recover attorney’s fees and costs associated with your lawsuit.
- Injunctive Relief: In some cases, the court may issue an order to stop the employer from continuing their retaliatory practices.
Remember, each case is unique and the remedies available will depend on the specific circumstances of your case. It’s crucial to consult with an experienced workers’ compensation retaliation attorney to understand your rights and the potential remedies available to you. At Yormak Employment & Disability Law, we are dedicated to providing you with the aggressive and innovative legal representation you need to secure the best possible outcome for your case.
Contact Us for a Free Consultation
If you have experienced retaliation after filing a workers’ compensation claim, Yormak Employment & Disability Law, led by board-certified expert Benjamin H. Yormak, can help. With an aggressive approach, Yormak Employment Law strives to provide the best legal advice and representation to help you fight against retaliation. Schedule a free consultation today.