Defining retaliation

On Behalf of | Oct 11, 2021 | Workers' Compensation |

Like most people in Florida, you likely feel a good deal of pride in representing the company you work for. That pride no doubt stems from gratitude on your part for your employment and salary. Some might assume that gratitude causes you to feel reluctant to initiate a workers’ compensation claim should you sustain an injury while at work. Yet that may not be the case at all; you might simply fear retaliation.

Many come to us here at Kaylor, Kaylor and Leto, P.A. with similar concerns. To adequately address them, it helps to understand exactly how local state law defines retaliation.

Encouraging an atmosphere of openness

The law prohibits employers from retaliating against their employees should those employees seek workers’ compensation. Indeed, maintaining workers’ compensation coverage is a statutory requirement for most businesses (with a few select exceptions). The reason for this mandate (and the prohibition on retaliation) is so that you and your coworkers feel secure enough in your employment status to bring concerns to your employer’s attention in order for the company to address them. Ultimately, your raising their attention to your individual situation may lead to improvements that might keep another from suffering a similar injury in the future.

Setting a clear standard

To eliminate any confusion regarding what an act of retaliation may be (in the context of a workers’ compensation case), Section 440.205 of Florida’s Labor Code defines it as any of the following:

  • Discharge
  • The threat of discharge
  • Intimidation
  • Coercion

Cases, where you were at fault for an accident (through your own negligence), may not merit these same protections, however.

You can find more information on dealing with potential workers’ compensation claims by continuing to explore our site.

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