Workers’ Compensation Retaliation and Defenses
Have you been intimidated, coerced, or terminated because you reported a workers’ compensation accident? Your rights have likely been violated, and your employer has possibly broken the law by doing so. As such, you may file a civil claim in Circuit Court, not workers’ compensation Court, for damages including pain and suffering. We strongly encourage you to contact a West Palm Beach workers’ compensation attorney to ensure that your rights are protected.
It is Unlawful for Employers to Retaliate Because an Employee Filed a Workers’ Compensation Claim
Under Florida Statute 440.205, “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.” However, as a defense to a workers’ compensation retaliation claim, the employer may argue that it has a legitimate business reason for terminating an injured worker after he files a workers’ compensation claim, such as reduction in business or misconduct by the injured worker.
What is Workers’ Compensation Fraud?
Workers’ compensation fraud can occur at many levels, though employers are by far the most likely party to commit fraud. Contrary to public opinion, employee-committed workers’ compensation fraud constitutes a small percentage of financial losses attributed to workers’ compensation fraud. Under Florida statute 440.105, filing a false claim or exaggerating the injuries is a first, second, or third degree felony depending on the level of fraud committed. The employer/carrier has the burden of establishing that the injured worker made a misrepresentation for the purpose of securing workers’ compensation benefits. An experienced attorney will know how to thwart these false allegations. Employers who underreport the number of its employees to pay reduced workers’ compensation premiums or the employer who does not secure workers’ compensation insurance when it is involved in the construction industry or has 4 or more employers, by far, represents the most fraud, which amounts to millions of dollars.
Call a West Palm Beach Workers’ Compensation Attorney Today for Assistance
If you have been fired, demoted, or lost wages because you filed a workers’ compensation claim, hold your employer accountable for their actions; call the West Palm Beach workers’ compensation lawyers of the Celeste Law Firm today to set the record straight and to recover the compensation that you deserve.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.205.html
