Can Hiring A Workers’ Comp Attorney Get Me Fired?

Worried About Losing Your Job After a Work Injury?

If you were injured at work, you may already be dealing with pain, lost wages, medical appointments, and uncertainty about what comes next. On top of that, many injured workers have another fear that can be just as stressful: Will I lose my job if I hire a workers’ compensation lawyer?

It is a fair question, especially if your employer seems frustrated about the injury, your supervisor has started treating you differently, or the insurance carrier is disputing your claim. Many workers worry that hiring a workers' compensation attorney will make them look difficult or put a target on their back.



In most cases, the answer is no. In Florida, your employer cannot legally fire you, threaten you, intimidate you, or coerce you because you filed a valid workers’ compensation claim or attempted to claim benefits under the Workers’ Compensation Law. 

Florida Law Prohibits Retaliation Against Injured Workers

Florida workers’ compensation law recognizes that employees should be able to pursue benefits without fear of punishment. Section 440.205 specifically states that an employer may not discharge, threaten to discharge, intimidate, or coerce an employee because of the employee’s valid claim for compensation or attempt to claim compensation.

In practical terms, that means your employer cannot lawfully retaliate against you simply because:

• You reported a workplace injury
• You filed a workers’ compensation claim
• You attempted to file a claim
• You sought medical treatment for a job-related injury
• You hired a workers’ comp attorney to protect your rights

For many people, that is the key takeaway. Hiring a workers’ compensation attorney is not a lawful reason to terminate your employment. A workers' compensation lawyer can help you protect your rights, deal with the insurance company, and pursue the benefits you may be entitled to under Florida law. Simply hiring counsel does not take away your legal protections.

Can You Be Forced to Leave Your Job After a Settlement?

Hiring a workers’ compensation lawyer does not affect your employment simply because you have legal representation. However, if you choose to settle your case, your employment status may become part of the settlement discussion.

Many workers’ compensation cases eventually settle, and in some cases, voluntary resignation is included as one of the settlement terms. Depending on the circumstances, you may be asked to resign as part of the agreement, or your employment may end as part of the overall resolution of the claim.

That said, this does not mean every settlement requires you to leave your job. It also does not mean your employer can fire you just because you were injured, filed a claim, or hired a workers’ compensation attorney before a settlement is reached. Until that point, your employer cannot lawfully force you out for pursuing your rights under the workers’ compensation system.

Can You Settle Your Workers’ Compensation Case and Keep Your Job?

In some situations, yes.

Some employers do allow injured workers to settle their workers’ compensation case and remain employed. Whether that happens depends on the facts of the case, the nature of the injury, your work restrictions, your job duties, and your employer’s position regarding continued employment.

Because every case is different, it is important to review the terms of any proposed settlement carefully before agreeing to anything. A workers' compensation attorney can help you understand whether your job may be affected and whether the proposed resolution is truly in your best interest.

Do You Need a Workers’ Compensation Attorney in Florida?

You are not legally required to hire a workers’ compensation attorney to file a claim in Florida. However, there are many situations where having a legal team by your side can make a meaningful difference.

First, injured workers often run into problems they did not expect. An employer may question whether the injury happened at work. The insurance company may delay treatment, deny benefits, or argue that your condition is unrelated to your job. What initially seems like a simple claim can quickly become complicated.

Second, once a dispute arises, the next steps are not always easy to manage on your own. Depending on your circumstances, you may need to challenge a denial, respond to a benefits cutoff, gather medical evidence, or prepare for a workers’ compensation hearing.

When benefits are denied or terminated too early, the process can become overwhelming very quickly. Having a workers' compensation attorney on your side can help you protect your rights, meet important deadlines, and present the strongest possible claim.

How a Workers’ Comp Lawyer Can Help Your Case

A workers’ compensation lawyer can do far more than simply submit forms. Legal representation can make the process easier to manage and help protect your right to benefits while you focus on recovery.

A workers' compensation attorney may help by:

• Communicating with the insurance company on your behalf
• Gathering evidence to support your claim
• Making sure medical records and other documentation are complete and properly submitted
• Representing you if your case moves to a hearing
• Addressing issues that can be difficult to manage alone while you are recovering

Having a workers' compensation lawyer can also help level the playing field. Employers and insurance companies often have substantial experience handling workers’ compensation claims, while injured workers usually do not. A workers' compensation attorney can improve your chances of recovering the benefits you deserve and reduce the stress of handling the process on your own.

Van Dingenen Law Makes Legal Help More Accessible

Many injured workers delay calling a workers' compensation attorney because they assume legal help will be too expensive. In reality, it may cost less than you think.

At Van Dingenen Law, we handle workers’ compensation cases on a contingent fee basis. That means we do not collect any workers' compensation attorney fees unless we are successful in your case. If we do not recover benefits or obtain a settlement for you, you do not owe us fees.

Your initial consultation is also completely free, which means there is no risk in speaking with us about your situation and learning more about your options.

Speak With a Florida Workers’ Compensation Lawyer Today

If you have questions about your workers’ compensation claim or concerns about how hiring a workers' compensation attorney may affect your employment, we are here to help.

At Van Dingenen Law, we represent injured workers throughout Florida and fight to protect their rights. Whether your claim has been denied, your benefits have been cut off, or your employer is treating you differently after a work injury, we can help you understand your options and take the next step with confidence.



Contact us via online form or call (407) 904-6339 if you have any questions regarding workers’ compensation and how it may affect your employment.