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It is unlawful for employers to retaliated against employees for filing a worker’s compensation claim after suffering an injury at work. Even if an injured employee does not file a formal legal claim, it is unlawful to fire workers who assert their rights under the law of worker’s compensation. This could include, for example, simply asking that the employer pay for your medical expenses.

It is not necessary that the employee has a valid claim for worker’s compensation benefits in order to be protected from retaliation. Rather, the employee must simply assert his or her rights in good faith in order to be protected. Not every claim for worker’s compensation involves a sudden injury under circumstances in which it is obviously work related. Some employees suffer from a sickness, disease, or injuries caused from a repetitive trauma, but can still pursue a claim for worker’s compensation benefits if there is evidence that the condition is work related. These employees are also protected from unlawful retaliation regardless of whether they prevail on their claim, so long as the claim is made in good faith.

Employees may attempt to prove unlawful retaliation based on direct or circumstantial evidence. Direct evidence may include comments that are made by a manager or supervisor who makes or influences the decision, indicating that the employer is unhappy about the worker having asserted his/her rights. There are different types of circumstantial evidence, including suspicious timing, or proof that the reason given for the termination is not true or inconsistent with the way other workers have been treated.

The Jacksonville law firm of Magid & Williams represents workers who have been terminated or retaliated against for having asserted their rights under the law of worker’s compensation. If you believe that you may possibly have a worker’s compensation retaliation claim, please contact us for an in person office consultation.