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What is workers’ compensation retaliation?

On Behalf of | Sep 8, 2018 | Employment Litigation |

As a Florida business owner, you do your best to ensure your employees are happy and treated fairly. One of the benefits employees can utilize when necessary, as you know, is workers’ compensation. Workers’ comp benefits you by preventing an employee from suing you after a job-related injury. However, your insurance premiums are likely to increase when members of your staff are hurt on the job.

It comes as no surprise that most employers want to avoid workers’ compensation claims, as FindLaw explains. There are many acceptable ways you can keep your workers’ comp claims to a minimum, such as providing training and the proper safety equipment for your employees and addressing workplace hazards. You might also instill a reasonable reward system when your employees meet safety standards and go a certain amount of time without any workplace injuries.

However, some employers may cross the line to prevent workers’ compensation claims. For example, a manager at your company might inform an employee that she must use her own insurance instead of workers’ comp to treat a job-related injury. Or, management might threaten to demote or fire an employee after he makes a workers’ compensation claim.

These actions are known as workers’ compensation retaliation or discrimination. It is unlawful to threaten or punish an employee for seeking workers’ compensation after a work-related injury or illness. This type of discrimination might result in legal action being taken against your company. It is imperative to educate those in charge at your company about not retaliating against staff for filing a workers’ compensation claim. Since this topic is complex, the information here should not replace the advice of a lawyer.


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