We are often asked whether filing a Worker’s Compensation claim will jeopardize an individual’s employment. Surprisingly, the filing of a Worker’s Compensation claim actually protects the employment status of the injured worker.
Specifically, Florida law makes it illegal for an employer to discriminate, harass or terminate anyone because of them either having or pursuing workers’ compensation benefits. As such, once a Worker’s Compensation claim is filed, in almost every instance, the employee becomes a protected class with the employer for two reasons.
First, when a Worker’s Compensation claim is filed, the employer’s insurance company will contact the employer and notify them of the presence of a claim. At that time, they will also advise the employer that as the injured worker is represented, if they terminate the client at that point, they will likely face a lawsuit of wrongful termination.
Second, the termination of an employee after the filing of a Worker’s Compensation claim significantly increases the value of the Worker’s Compensation claim as it creates additional liability to the insurance company for lost wages. As such, the insurance company will put significant pressure on the employer to maintain the employment status at least during the pendency of the Worker’s Compensation claim.
If You Are Fired, You Should Hire a Workers’ Comp Lawyer to Help
For these reasons, we rarely see any of our clients discriminated against, harassed, or terminated after our involvement. Conversely, we receive numerous cases from individuals who were terminated after they were injured on the job, regardless of whether a workers’ compensation claim was opened.
You Do Not Need to Resign From Your Job to Receive Compensation Benefits
As one final matter, many people are reluctant to hire an attorney because they have heard that they have to resign from their employment along with the pursuing of a Worker’s Compensation claim. This is false!
There is no provision in the Worker’s Compensation Law that requires an injured employee to voluntarily resign from their employment if they wish to pursue Worker’s Compensation benefits.
There is a requirement, in most instances, that the individual VOLUNTARILY resign from their employment if they ultimately decide that they wish to settle their Worker’s Compensation claim for a lump sum amount. However, this is never required and is completely voluntary.
Call for a Free Consultation
At Berlin Law Firm, our experienced attorneys have represented injured workers here in Florida for nearly 30 years. We understand the physical, emotional, and financial trauma our clients and their families may be experiencing, and we take pride in fighting for their rights.
If you have been injured while on the job, please call Berlin Law Firm at 941-777-7000 today to schedule a zero-cost, zero-obligation consultation.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
