Filing a workers’ compensation claim in Florida is your legal right after experiencing a work injury. You should never feel afraid to pursue the benefits you need to recover. In Florida, the law protects you from employer retaliation for filing or trying to file a claim.
However, retaliation does not always take the form of a sudden employment firing. Sometimes, employers make discreet changes that increase the difficulty of your job. Recognizing these subtle but serious signs can help you protect your rights.
Sudden change in treatment
Did your boss treat you well before your accident? Did their mannerisms towards you change when you filed a workers’ compensation claim?
A sudden change in treatment can be a red flag. A common example of this is excessive micromanagement or added scrutiny over your actions. Another is receiving a negative performance review despite displaying exemplary behavior at work.
Denial of opportunities
Watch out for changes to your job duties. Your employer can assign you to handle tasks that are beyond your doctor’s approval or move you into an undesirable shift. Under Florida law, this can constitute coercion if it occurred after filing your claim, which is prohibited.
Reduction in hours or pay
An unexplained cut in your work hours, salary or benefits can be a tactic designed to pressure you into dropping your claim. Employers do not have the legal right to do so, which is a warning you should take note of.
Reacting to retaliation professionally
If you notice the subtle signs of retaliation, even once, you must document it by creating a written statement. Make sure to include the date, time and details of every incident. This can serve as evidence, which is crucial in employer retaliation cases.
Getting legal guidance can help you navigate this situation confidently. They can also offer clarity on your doubts, especially if you are unsure whether your experience counts as employer retaliation.
