Employment & Workers’ Compensation Litigation

For employers in Florida, navigating the complexities of employment and workers’ compensation litigation is a critical part of protecting their business. Employers face a dual responsibility: ensuring compliance with workers’ compensation laws while defending against wrongful termination and discrimination claims that may arise from workplace injuries. This delicate balance requires proactive planning, clear communication, and legal expertise from our Tampa Employment and Workers’ Compensation Attorneys at Bleakley, Bavol, Denman & Grace.

Employer Obligations in Workers’ Compensation Cases

Florida law mandates that most employers provide workers’ compensation coverage for their employees. This insurance covers medical expenses and lost wages for employees who suffer work-related injuries or illnesses. Employers must understand their responsibilities, which include:

1. Promptly Reporting Workplace Injuries: Employers are required to report any workplace injuries to their workers’ compensation insurance carrier within seven days of notification by the employee.
2. Maintaining Accurate Records: Accurate and detailed records of the incident, medical treatments, and correspondence with the injured employee are crucial for both compliance and defense in litigation.
3. Providing Reasonable Accommodation: If the injured employee can return to work with restrictions, employers may be required to provide reasonable accommodations or light-duty assignments.

Failure to meet these obligations can result in penalties, fines, and increased liability. Additionally, mishandling a workers’ compensation claim may lead to further legal challenges, such as wrongful termination or discrimination claims.

Defending Against Wrongful Termination Claims

Employees who file workers’ compensation claims are protected from retaliation under Florida law. However, disputes may arise if an injured employee is terminated during or after their claim. To defend against wrongful termination claims, employers should:

1. Document Legitimate Business Reasons for Termination: Employers should maintain thorough records of the employee’s performance, disciplinary actions, or legitimate business reasons for the termination, unrelated to the workers’ compensation claim.
2. Avoid Retaliatory Conduct: Terminating or taking adverse action against an employee solely because they filed a workers’ compensation claim is prohibited. Employers should carefully review termination decisions with legal counsel to avoid the appearance of retaliation.
3. Communicate Clearly: Transparent and documented communication with the employee about their role, status, and return-to-work options can mitigate misunderstandings.

Defending Against Discrimination Claims

Discrimination claims related to workers’ compensation can arise if an injured employee alleges unfair treatment due to their injury or disability. Employers can reduce the risk of discrimination claims by:

1. Implementing Consistent Policies: Ensure all employees are treated equally under the same policies, regardless of injury or disability.
2. Engaging in the Interactive Process: Under the Americans with Disabilities Act (ADA), employers are required to engage in an interactive process to determine reasonable accommodations for employees with disabilities.
3. Providing Training: Educate supervisors and managers on legal obligations related to workers’ compensation, discrimination, and retaliation to prevent unintentional violations.

Schedule a Consultation Today

At Bleakley, Bavol, Denman & Grace, our Tampa-based legal team specializes in helping employers navigate the complexities of workers’ compensation and employment law. If you need assistance with compliance, claim disputes, or defending against wrongful termination and discrimination claims, contact us today to schedule a consultation. Let us help protect your business and your employees.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.185.html