Spotting Retaliation After A Workers’ Compensation Claim
No employer wants to hear that any of their employees are injured, for several different reasons. However, if the injured employee is entitled to workers’ compensation benefits, it means that they are entitled to all that comes with that – including, if possible, a return to work unmarred by any kind of retaliation. Florida law explicitly requires an employer not engage in this type of behavior – and if they do, the employee has the right to seek damages.
Injured Workers Have Rights
While not every Florida worker is entitled to workers’ compensation benefits, those that are may take a certain period of time away from work in order to heal and receive medical treatment, the latter of which will be covered by your employer’s insurance. During that time, you will be compensated at roughly 66 ⅔ percent of your average weekly wage, which is calculated via a specific formula.
In addition, it is true that employers do not have to hold an injured worker’s job open for them – but they do have to allow the employee to come back into a similarly situated position, or in some cases, help to cover the retraining necessary for the employee to do a new job. However, some employers chafe at providing these benefits, and attempt instead to force returning employees out. This is called retaliation.
Signs Are Often Subtle
Retaliation comes in many different forms, and it can sometimes be difficult to determine whether a negative employment action is truly as a result of your job performance, or if it is a subtle form of retaliating for costing the company money. One of the most common indicators of possible retaliation is the suddenness of a certain action – for example, if your performance reviews up until your injury were good, and the review after your return to work is suddenly bad, it may be an indicator that your employer holds something against you.
Another frequently-seen indicator of retaliation is a sudden demotion in responsibility, hours, or pay. While obviously, sometimes companies simply adjust roles, it can be a sign of an issue if you are the only one whose position is adjusted. If this kind of demotion results in termination, or if you feel forced out (which may be known as ‘constructive termination’), it is a good idea to consult an attorney to see what your options may be.
Contact A Maitland Workers’ Compensation Attorney
If you suspect that you might be the target of retaliation at work from a supervisor, coworker, or someone else, a Maitland workers’ compensation attorney from the Hornsby Law Group may be able to help you determine your legal options. You have the right to seek workers’ compensation benefits if you are injured on the job – let us protect your rights. Call our office today to schedule a consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.205.html
