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Workers' Compensation Retaliation

The workers' compensation statute has a provision that prohibits an employer from retaliating against an employee because that employee has filed a charge of discrimination.  Florida Statutes § 440.205.  Our firm handles the defense of such claims.  The employee must prove that 1) he or she made a workers' compensation claim, 2) thereafter suffered adverse employment action (e.g., termination, demotion, cut in pay, etc.), and 3) that the workers' compensation claim and the adverse employment action are causally related.  The employee's potential damages are back pay and compensatory damages.  While most fair employment statutes also allow for the employee's attorneys' fees to be paid by the employer, § 440.205 does not.  Very few of these claims have any merit, and they are often filed by irritable, chip-on-the-shoulder employees who are looking to extort the employer.  There are numerous defenses, and we assert them vigorously on behalf of our clients.

Representative Cases

  • Perez v. Yacht Management Group, Inc., Case No. 11-07303AC(08)

The firm represented the employer in this case brought under Florida Statutes § 440.205 for alleged retaliation after having filed a workers' compensation claim.  After the Plaintiff's attorney demanded $25,000.00 (and the client refused to pay any money), and then demanded $10,000.00 (and the client refused to pay any money), and then demanded $5,000.00 (and the client refused to pay any money), the Plaintiff acknowledged that the case had no merit and dismissed it on September 22, 2011, in exchange for receiving nothing from the employer.