What Should I Do if My Employer Retaliates for Filing a Workers’ Compensation Claim in Georgia & Florida?
As personal injury lawyers at The Leach Firm, P.A., we’ve seen cases in Florida and Georgia where employees face unfair retaliation after filing workers’ compensation claims. It’s important to know that you’re not alone in this. Here’s what you should do if you are in such a situation.
Understanding Your Rights
As an employee in Georgia or Florida, it’s essential to be aware of your rights when it comes to workers’ compensation claims. Understanding these rights is the first line of defense against unfair treatment or retaliation from your employer.
- Protection Against Retaliation: Both Georgia and Florida laws strictly prohibit employers from retaliating against employees who file workers’ compensation claims. This means your employer cannot legally take negative actions against you, such as demotion, salary reduction, job or shift reassignment, or termination, simply because you have filed a claim.
- Types of Prohibited Retaliation: Retaliation can take many forms, and it’s important to recognize them. Common examples include:
- Demotion or Reduced Hours: Being moved to a lower position or given fewer work hours without a valid reason.
- Salary Reduction: Experiencing an unjustified decrease in your wage or salary.
- Job or Shift Reassignment: Being assigned to a less favorable job or shift, especially if it seems intended as a punishment.
- Termination: Being fired or laid off under circumstances that suggest it’s due to your claim.
- Legal Recourse: If you face retaliation, you have legal options. This might include filing a complaint with the state’s labor department or pursuing legal action through a lawsuit. It’s crucial to consult with us to understand the best course of action.
- Evidence of Retaliation: Documenting any retaliatory actions is key. Keep a record of any changes in your employment situation following your claim, including emails, letters, or any other communication from your employer.
- Timeliness is Key: There are time limits for taking action against employer retaliation. Be aware of these deadlines, as waiting too long could limit your options.
- Seeking Legal Advice: Understanding your rights fully can be complex, and legal advice is often necessary. An attorney experienced in workers’ compensation and employment law can help clarify your rights and the best steps to protect them.
- Compensation for Retaliation: If your employer is found guilty of retaliation, you may be entitled to compensation, including lost wages, reinstatement to your job, or other damages.
- Confidentiality and No Coercion: Remember, your employer cannot legally coerce you into not filing a claim, nor can they force you to withdraw a claim under threat of negative employment action.
Communicating with Your Employer
Sometimes, a direct conversation with your employer can resolve misunderstandings. However, approach this with caution. It’s important to stay professional and avoid confrontational language. Consider speaking to your HR department first if you’re uncomfortable with a direct approach.
Understanding Retaliation Claims
Filing a retaliation claim is different from filing for workers’ compensation. It requires proving that the employer’s adverse action was due to your workers’ compensation claim. This is where your documentation and our legal expertise come into play. It involves legal procedures and deadlines, which vary between Georgia and Florida. Our team can guide you through these procedures, ensuring your claim is filed correctly and within the stipulated time frame.
What to Expect from the Legal Process
The legal process can be lengthy and complex, involving negotiations, mediation, and possibly a court trial. We’ll be with you every step of the way, advocating for your rights and seeking the best possible outcome.
We Are Here To Assist You.
At The Leach Firm, P.A., we serve the people of Florida and Georgia with over 50 years of combined experience in fights against workplace discrimination, personal injury, and workers’ compensation cases. If you’re facing retaliation for filing a workers’ compensation claim, we’re here to help. Call The Leach Firm at 844-722-7567 or contact us online for a free case evaluation with a seasoned lawyer in Florida or Georgia.
