Can I Be Fired If I Hire a Workers' Compensation Attorney?
If you’ve been injured on the job and are experiencing challenges with filing your workers’ compensation claim, such as pushback from your employer or a dispute from the workers’ compensation insurance provider, you might have some understandable concerns about what could happen to your employment if you decide to work with an attorney. However, by law, your employer is not allowed to retaliate against you for being injured at work, filing a workers’ compensation claim, or hiring an attorney. Simply put: it is illegal for a company to discriminate or harass an employee for the sole reason of that employee being injured at work or hiring an attorney to assist them with their workers’ comp case.
It’s also important to note that retaliation does not only including firing; being demoted, denied a promotion for which you are otherwise qualified for, and being harassed for filing a workers’ compensation claim or hiring an attorney are all forms of unlawful employer retaliation. If you believe you have been retaliated against by your employer, now is the time to seek legal representation. Reach out to Van Dingenen Law to discuss your situation with one of our Orlando workers’ compensation lawyers during a free and confidential consultation. As workers’ comp attorneys, we are here so that you can have someone on your side looking out for your rights.
What If I Settle My Case?
Hiring a workers’ compensation attorney does not affect your employment unless you decide to settle your case, at which point you may be let go by your employer. Most workers compensation cases do eventually end up settling and in many cases, voluntary resignation is included among the settlement terms. In order to settle your workers’ compensation case, you may be required to resign from your job or you may be terminated as part of the settlement agreement. However, it is important to note that only at this point in time can an injured worker be forced to separate from their employer. If a settlement has not yet been reached, your employer cannot fire you or make you resign because you were injured, filed a claim, or hired a workers’ compensation attorney.
Can I Keep My Job If I Settle My Workers’ Compensation Case?
Some employers do allow injured workers to settle the case and keep their job. This is determined on a case-by-case basis, and there are many factors that affect whether your employer may allow you to keep your job if you settle your workers’ compensation case. We encourage you to reach out to our attorneys to learn more.
Do I Have to Hire a Workers’ Compensation Attorney?
You are not required by law to hire a workers’ compensation attorney in order to file a claim in Florida. However, there are many reasons why you may want to do so. First and foremost, countless studies have shown that people who work with an attorney have a greater success rate in obtaining and maintaining their benefits and/or securing better settlements. Secondly, if you encounter any issues with your claim whatsoever—from your employer questioning whether your injuries are work-related to your claim being denied by the insurance company—an attorney will be able to guide you through the next steps. Depending on your situation, these next steps could include filing an appeal, disputing early termination of your benefits, or preparing for your workers’ compensation hearing.
An experienced attorney can negotiate with the insurance company, collect evidence in support of your claim, and represent you during the hearing. All of these things are incredibly difficult to do on your own. Working with an attorney increases your chance of a better outcome and eliminates much of the stress of navigating the workers’ compensation system on your own.
Another reason to hire a workers’ compensation attorney is that it probably doesn’t cost as much as you think. In fact, at Van Dingenen Law, we offer contingent fees, meaning we do not collect any attorneys’ fees unless we are successful in your case. In the unlikely event that we do not recover benefits or a settlement in your case, you do not owe us a dime. Additionally, your initial consultation is completely free, so there is no risk in contacting us to learn how we can help you with your claim.
Please contact us if you have any questions regarding workers’ compensation and how it may affect your employment.