Worker’s Comp Retaliation
Workers’ Compensation Discrimination Attorney
Employers are legally barred from retaliating against employees for filing workers’ compensation claims, but this does not mean that retaliation does not occur. If your employer harasses you, interferes with your claim or fires you, Mario Trespalacios can take action on your behalf. As a workers’ compensation attorney, he has been representing employees in retaliation cases since 1992.
Florida is a right-to-work state, which means that employees can be fired for any nondiscriminatory reason. Retaliating against an employee for filing a workers’ comp claim is considered discrimination. Attorney Trespalacios will investigate your case to determine whether there was, in fact, discrimination and take steps to prove it.
Workers’ compensation discrimination is easier to prove if there is documentation. By making a complaint to your employer and holding on to written documents, you can strengthen your case. Before you bring a suit against your employer, you must file a claim with the Equal Employment Opportunity Commission in order to obtain a letter that grants you a right to sue. Claims must be filed with the EEOC within a certain timeframe. Attorney Trespalacios can help you navigate all of these steps.
Workers Compensation FAQ
At the Law Office of Mario Trespalacios P.A. in Miami, we believe that no employee should suffer from employer retaliation just because they filed a workers’ compensation claim. There are many state and federal statutes, such as Title VII and the Florida Civil Rights Act, that make it unlawful to retaliate against an employee for engaging in what is legally known as “protected activity.”
According to the current anti-retaliation laws, it is unlawful for an employer to terminate an employee for retaliation in the following areas:
- The employee has complained in good faith about workplace discrimination.
- The employee has complained in good faith about harassment or sexual harassment.
- The employee discloses workplace violations of the law to a third party.
- The employee is cooperating or giving information to a government agency that is conducting an investigation.
If you’re looking for an experienced and trustworthy workers’ comp retaliation lawyer in the Miami area, schedule a consultation with our professional lawyers today. Our legal experts will take aggressive action on your behalf and we’ll do everything we can to give you the legal representation you deserve.
I was injured at work but I’m afraid if I file a workers’ compensation claim I will lose my job. Can my employer fire me for this?
This is a question our legal team gets often. If you slip and fall on a jobsite or you’ve been injured on the job, your employer may not want to face their increased insurance costs, which can result in them retaliating against the employee if they have filed a workers’ compensation claim.
In most states, including Florida, it’s against the law for your employer to fire you or retaliate against you because you were injured at the workplace. If you’re not sure where to turn after an injury, it’s always best to seek legal representation to ensure you get the compensation you deserve.
How do I know if my injury is covered under workers’ comp?
Whether you were injured on the job while operating heavy machinery or you are suffering from a work-related illness, it should be covered under your workers’ compensation claim. The injury you endured must relate to your job or the duties you perform. Some common workplace injuries include back strain from lifting heavy objects, sprains and broken bones from falls, and carpal tunnel syndrome. If you’re unsure whether or not your workplace injury will be covered by Florida’s Division of Workers’ Compensation, reach out to one of our workers’ comp lawyers today.
Are workers’ compensation benefits subject to tax?
The answer to this question is: usually no. However, if you are receiving supplementary income like Social Security benefits, in addition to your workers’ compensation benefits, you may have to foot the taxes. In this unique situation, your Social Security benefits may be reduced, and your workers’ compensation benefits would make up the monetary difference.
How do I make a claim?
If your injury is serious, you should seek medical attention before you do anything else. Once you’ve taken care of yourself, you’ll want to report the injury to your employer right away. In the state of Florida, the injured employee must report the injury to the employer within 30 days of the accident or within 30 days of discovering the injury. It’s always wise to report your injury right away, as this can strengthen your case if your employer comes back and suggests that your claim is invalid. Make sure to specify the names of witnesses if there were any, as well as a clear description of what happened and when it happened.
Contact Mario Trespalacios, P.A.
Employers often retaliate against employees who file for workers’ compensation as means to intimidate other employees and prevent them from filing claims in the future. This is unlawful and it puts the health and safety of all employees at risk. By enlisting the services of a lawyer, you can hold your employer accountable. Mario Trespalacios will take aggressive action on your behalf. Contact his office in Miami at 305-261-5800.