Palm Beach Gardens Workers Compensation Attorney
Retaliation and Workers Compensation
A workers compensation attorney understands that one of the biggest fears of an injured worker is that if they pursue a claim against their employer, they will end up losing their job. Even though every Palm Beach Gardens employer is required to have workers compensation insurance to cover all injuries, there are employers who get more upset about a filed claim than they do about an employee’s injuries. This is because they know their insurance premium will likely increase because of the claim.
If you believe you have been a victim of employer retaliation for a work injury claim you have filed, contact the Law Offices of Franks, Koenig & Neuwelt to find out how we can help. Our workers compensation attorneys in Palm Beach Gardens have more than 80 years of combined experienced protecting the rights of injured employees. We are well-versed in the tactics that some employers use to intimidate workers from filing claims.
Types of Retaliation
The worst type of retaliation an employer can use against an injured worker is to fire them. Under the workers compensation laws in Florida, this type of retaliation is illegal. An employer cannot fire or threaten to fire an injured worker who has filed a workers compensation claim. There are however, several other ways an employer can try to retaliate against an injured worker in Palm Beach Gardens. These include:
- Change to an undesirable or impossible work schedule (i.e. third shift)
- Denying promotion
- Poor and inaccurate job performance reviews
- Reduction of hours
- Unwarranted disciplinary action
Although employers are allowed to take actions against an employee if the those actions are justified, if an employer retaliates against an injured worker, that worker has the right to sue them if they can prove that the punitive actions of the employer were due to the employee’s injury case.
In order to prove retaliation, your workers compensation attorney will need to prove that:
- The retaliation took place after the employer learned of the work injury and after filing of the workers compensation claim.
- There are no legitimate reasons for the employer’s action against you.
When a lawsuit is filed in Palm Beach Gardens, the requested compensation will depend on the extent of the retaliation taken against you. Your workers compensation attorney in Palm Beach Gardens can explain the different options you have, but typically, any requested award should cover the wages you lost because of your employer’s actions against you. In some cases, your attorney may even pursue punitive damages. It is important to remember that a retaliation lawsuit is completely separate from your actual workers compensation case.
Let a Workers Compensation Attorney Protect Your Rights
If you are experiencing harassment or retaliation from your employer because you filed a work injury claim, you need someone to protect your legal rights. Remember, your employer is breaking the law by doing this, and a lawsuit might be the only way to stop them.
You do not have to go through this alone. Contact the Law Offices of Franks, Koenig & Neuwelt to find out how we may be able to help. Call today to set up free consultation with a Palm Beach Gardens workers compensation attorney.