Florida Law prohibits an employer from harassing or firing an employee for making a claim to get workers compensation benefits.  The need for this protection is growing as the economy slides deeper into a recession and employers are looking to protect their own financial interests.  Many employers (especially large self insured companies) try to discourage employees who get hurt on the job from making workers compensation claims.  When an employer has workers compensation insurance they can not be sued for acts of negligence which caused or contributed to causing the accident and injuries to an employee.  In return for receiving immunity, the employer (if self employed) or their work comp insurance company must provide certain medical and lost wage type benefits to the injured worker regardless of fault for the accident.  Often times the workers compensation claim is the only avenue available to the injured worker to get medical care as group health insurance will refuse to pay if they know that the condition is work related.

An injured worker can sue an employer who threatens, harrases or fires them just because they are seeking workers compensation benefits.  If the injured worker wins the case, he or she can recover lost wages, money for the emotional distress caused by the employers conduct and punitive damages ment to punish the employers’ wrongful conduct.  The Florida Statute is 440.205.  It states  Coercion of employees.–No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.  This law also applies when an employer fires or harasses an employee because the employer learns that the employee has a workers compensation claim on a different job.