Labor & Employment Law
Workers’ Comp Claim Filing Retaliation
Florida law protects employees from retaliation by employers for filing or attempting to file a workers’ compensation claim. Under Florida Statute Section 440.205, employers are prohibited from terminating, threatening, intimidating, or coercing employees in retaliation for pursuing their rights under the workers’ compensation system. These protections apply whether the claim is approved, denied, or even if retaliation prevents the filing of a claim.
While these protections cover most employees, they do not extend to independent contractors, volunteers, certain commission-based workers, and other exempt roles. Employers in the public sector must comply with the law, while private sector requirements vary by industry and the number of employees.
Employees who experience retaliation can file a lawsuit in state circuit court, but it’s important to act promptly as claims must be filed within four years. Successful claims may result in recovery of back pay, future lost wages, emotional distress damages, and punitive damages. However, attorney’s fees are not recoverable under this law, even if the claim is successful.
Understanding these protections is critical for ensuring your rights are upheld in the face of workplace retaliation related to workers’ compensation claims.
Workers' Comp Claim Filing Retaliation Frequently Asked Questions
No. Under Florida Statute Section 440.205, an employer cannot terminate, threaten to terminate, intimidate, or coerce an employee because the employee is filing or has previously filed a valid workers’ compensation claim.
- Filing and pursuing a workers’ compensation claim, regardless of approval or denial
- Attempting to file a claim (even if retaliation prevented the filing)
All Florida employees as defined in Florida Statute Section 440.02 are protected. However:
- Independent contractors are NOT protected
- Exempt employees (per Section 440.02(15)(d)) are NOT covered, including:
- Real estate agents working only on commission
- Volunteers
- Certain taxicab drivers
Requirements vary by sector:
- Public employers (counties, cities, state): Must follow the law
- Private sector requirements:
- Construction: 1 or more employees
- Non-construction: 4 or more employees
- Agricultural: 6 or more employees
- File a lawsuit in appropriate state circuit court
- Must file within 4 years of when you knew/should have known of retaliation
- Missing the deadline bars you from pursuing the claim
- Back pay
- Future lost wages
- Emotional distress damages
- Punitive damages
Note: Attorney’s fees are not recoverable, even with a successful claim.