Update 10/19/2022
Nature of the Claim
On June 5, 2015, the Employment Lawyers at LaBar & Adams, P.A. filed a lawsuit for wrongful termination. Our client’s basic right to make a living was taken away in violation of the anti-retaliation provision of Florida Workers’ Compensation Law. Florida law protects an employee’s access to workers’ compensation benefits. It does not allow an employer’s intimidation or coercion to discourage the filing of workers’ compensation claims. Florida’s policy promotes the reporting of workers’ compensation claims. They are meant to be handled informally without the need for judicial intervention.
Employees in Florida have a constitutionally protected property right to receive workers’ compensation benefits. Property rights are basic substantive rights expressly protected by the Florida Constitution. As such, the Florida Legislature enacted section 440.205, Florida Statutes, to protect employees that report workers’ compensation claims.
Our Client’s Story
Our client worked for his employer for over thirteen (13) years. He received numerous certificates of achievement and certificates of recognition throughout his over thirteen years of employment. Our client suffered a workplace injury. He went home at the end of his shift. That evening he began to experience pain to his right shoulder and bicep. He treated the pain with over-the-counter anti-inflammatory medication.
Our client was not scheduled to work the next two days. Upon returning to work on his next scheduled workday, he advised his supervisor that he had suffered a workplace injury. The supervisor responded by reporting the injury to the Florida Division of Workers’ Compensation.
Three days after reporting his work place injury, our client was wrongfully terminated by his employer for failing to report his workplace injury immediately.
Result
The employment lawyers at LaBar & Adams vigorously pursued justice for our client. After convincing the judge to grant our client partial summary judgment, he received a substantial settlement. Please contact the employment lawyers at LaBar & Adams, P.A. in Orlando at 407-835-8968 or fill out the online form located on our website if you have been the victim of unfair employment practice.
