Helping to Protect Those Suffering from Work-Related Injuries
Can I Be Fired for Being Injured on the Job?
An injury suffered on the job brings physical pain and uncertainty. Workers that are hurting become concerned about the future of their health and, sometimes, the future of their job. But employees have rights that protect them after being injured at work. A Florida workers’ compensation lawyer advocates on behalf of workers in multiple industries, including construction, utilities, office workers, and many more.
Many employees will also deny themselves the workers’ compensation benefits they deserve due to the fear of retaliation. At Wenzel Fenton Cabassa, P.A., our Florida workers’ compensation lawyers focus not only on protecting your rights but also on educating you on what you are entitled to under the Florida Workers’ Compensation Act.
Florida Statutes 440.205 states:
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.
Florida law is clear. If you have been threatened, intimidated, coerced, or wrongfully terminated after you have been injured on the job, you should contact an attorney to discuss your best legal options moving forward.
How A Workers’ Comp Attorney Can Help You
A workers’ comp attorney helps employees who have suffered on-the-job injuries and have been retaliated against for filing a workers’ compensation claim. They handle complaints from employees that have been hurt due to dangerous working conditions, unavoidable accidents, faulty machinery, or inadequate training.
Injury claims that a Florida workers’ compensation lawyer handles includes but is not limited to:
- Broken bones, muscular, ligament or joint injuries, and herniated disks
- Repetitive motion injuries
- Injuries to the spinal cord, neck, back or other body parts
- Head injuries
- Loss of hearing or sight
- Sickness or disease such as mesothelioma due to exposure from toxins
Did you know that employees are not legally required to prove the reason they were injured? Workers’ compensation is considered a no-fault system. Meaning, regardless of fault or negligence, employees who are injured on the job have a right to compensation.
A Florida workers’ comp lawyer may also file a case against a third party if an employee was injured by machinery or a product while on the job. The manufacturer may be held liable for damages due to the injury.
Have You Been Retaliated Against or Denied Workers’ Compensation benefits?
Unfortunately, it happens all the time. They may tell you that the injury did not occur on the job, accuse you of fraud or misrepresenting the injury, or they may even say that the injury was due to a preexisting condition. They may threaten, bully, or even reduce your pay or fire you. If you have been retaliated against and/or denied workers’ compensation benefits, you should consult with a work injury lawyer right away.
You have the right to appeal the denial. In Florida, a petition can be filed with the Division of Administrative Hearings. Once it is filed, a judge will be assigned to the case and a hearing will be set within 40 days.
Your Employer Has A Lawyer, Why Don’t You?
When it is time for the appeal hearing, your workers’ compensation attorney will be prepared for questions and situations that often occur after you have originally been denied. They can present detailed evidence of the injury and aggressively defend your right to workers’ comp benefits. A Florida workers’ compensation lawyer may also present:
- medical records,
- a letter from a physician on how the injury was related to the job,
- how it affects you and your ability to work, and
- potentially call on a medical expert about your health situation concerning your ability to go back to work and perform your duties
Employers and insurance companies will be given an opportunity to counter the claim and say why they denied it in the first place. A work injury lawyer leads the fight against bullying employers and insurance companies so you can get the compensation you deserve after being injured on the job.
Florida Workers’ Compensation Lawyers Fighting For Employee Rights
Retaliation against employees who file a workers’ compensation claim is illegal. While most employers understand the law and follow it, some companies terminate, demote, or cut the wages of an injured worker. They are not looking out for your interests. Their only concern is an absence that must be filled, or insurance rates will increase. A workers’ compensation attorney works hard for the best possible outcome for you.
Stress combined with physical pain only makes a bad situation worse. While you focus on recovering from your injuries and getting back to work, we will handle all aspects of your workers’ compensation retaliation claim. At Wenzel Fenton Cabassa, P.A, we offer free, confidential consultations, and you will not pay legal fees unless we win your case.
We have offices in Tampa, Orlando, Miami, Sarasota, St. Petersburg, Jacksonville, and West Palm Beach for your convenience.