Can Your Miami Employer Fire or Demote You for Filing a Workers’ Comp Claim?
Many people may hesitate to file a workers’ compensation claim out of fear of being fired or demoted by their employer. However, Florida has strict laws that protect workers from this form of mistreatment. If you have been injured on the job, contact James D. Payer, an experienced Miami Workers Compensation Lawyer today at (305) 363-7099 today to schedule a free case evaluation.
Reviewed by: James D. Payer
Table of Contents
- What Rights Do Injured Workers in Miami Have After Filing a Workers’ Comp Claim?
- What Counts as Employer Retaliation in Miami Workers’ Comp Cases?
- How Can You Prove Retaliation After a Work Injury in Miami?
- What Steps Should You Take if You Were Fired or Demoted After Filing a Claim?
- How Can a Miami Workers’ Compensation Attorney Help You After Retaliation?
KEY TAKEAWAYS
- Miami employees are legally protected when filing a workers’ compensation claim; employers cannot retaliate, regardless of an employee's employment status.
- Retaliatory actions can include firing, demotion, reduced hours, poor reviews, or reassignment following a claim.
- To prevail on a retaliation claim, you typically need to show that you filed a claim, suffered an adverse job action, and that the two are connected; keep detailed records to help prove your case.
- Document all evidence, report to Human Resources, and consult a Miami workers’ compensation attorney to protect your rights and potentially file a lawsuit.
What Rights Do Injured Workers in Miami Have After Filing a Workers’ Comp Claim?
Under state law, Miami employees have specific rights that are afforded to them in the event of a work-related injury. Filing a workers’ compensation claim is a protected legal action in Florida. Because of this, employers in Miami cannot legally retaliate against you for exercising this right. This applies regardless of whether you are a full-time, part-time, or at-will employee.
What Counts as Employer Retaliation in Miami Workers’ Comp Cases?
It is essential to understand what constitutes employer retaliation in the state of Florida. You can report any of the following actions that occur as a result of you filing a workers’ compensation claim:
- Getting fired or laid off
- Being demoted or given reduced hours
- Receiving a sudden poor performance review
- Being assigned to lesser duties
Any adverse change in your job status after filing a claim could qualify. Call our law office today to speak with a Miami work injury lawyer about your potential case.
How Can You Prove Retaliation After a Work Injury in Miami?
Recognizing and identifying employer retaliation is one thing; proving it and seeking justice is another. To do this, you typically must show the following:
- You filed a workers’ comp claim, a protected activity
- You experienced an adverse job action
- There is a connection between the two events
To support your case as a Miami worker, you should keep detailed records, especially if changes started soon after filing. Our legal professionals could help you with this process. Reach out today for more information.
What Steps Should You Take if You Were Fired or Demoted After Filing a Claim?
You can take proactive steps to support a case for retaliation from your employer, beginning with documenting evidence. Save emails, write down conversations, and record any changes to your job. Report any proof of retaliation to your workplace’s Human Resources department.
Following this, you should speak with a Miami workers’ compensation attorney who understands both work injury and employment law. They could review your situation, collect vital evidence to support a claim, and begin the process of filing a lawsuit. Our skilled lawyers can guide you through the legal process, represent you in negotiations or court, and help you recover the compensation you deserve.
How Can a Miami Workers’ Compensation Attorney Help You After Retaliation?
At Payer Law Personal Injury Lawyers, our legal team is here to assist you. We understand the challenges you may face and are ready to support you by investigating potential retaliation, gathering and preserving evidence, and filing legal claims to recover lost wages, benefits, or reinstatement of employment.
Our personal injury attorneys know how to get real case results for our clients throughout the state of Florida. If you believe you have experienced retaliation from your employer following a Miami workers’ compensation claim, do not hesitate to get in touch with us today.
You can reach our office by calling or completing our online form to schedule a free case evaluation. During this meeting, we will review your case, discuss your legal options, and answer any questions you may have.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
Hours: Open 24 hours daily
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