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Can I Lose My Job If I File A Workers’ Compensation Claim?

Home  >  Blog  >  Can I Lose My Job If I File A Workers’ Compensation Claim?

October 31, 2025 | By Gerald A. Rosenthal
Can I Lose My Job If I File A Workers’ Compensation Claim?

I Filed A Workers’ Compensation Claim. Will I Lose My Job?

Florida law establishes that employers cannot fire their employees out of retaliation for filing a claim. However, your employer does have the right to terminate your position for almost any other cause or no cause at all. If you are facing unemployment after filing a workers’ compensation claim, you should consult one of our talented workers’ compensation lawyers.

At Rosenthal, Levy, Simon & Sosa, we provide clients with the service and skillful legal guidance they deserve. We have earned a reputation for not only helping our clients get results, but for also answering their questions, making the process easy, and doing everything we can to make the experience painless. If you are worried about retaliation for filing a workers’ comp claim, or if you are dealing with the aftermath now, our skilled attorneys can help.

I Think I Was Fired In Retaliation, But How Can I Be Sure?

When you file a workers’ compensation claim, your employer will face increased insurance costs. They might also be without your services while you recuperate. Your employer cannot legally retaliate against you for seeking the benefits you deserve. However, Florida is an at-will employment state. That means your employer can fire you without having to explain why. You will have to prove that your termination was retaliation by:

· Providing paperwork that shows your termination came after you filed for workers’ compensation

· Showing evidence of retaliation in things like your termination letter, or emails or other communication

· Showing evidence of harassment, or negative actions like a decrease in wages that followed your claim and had no other valid explanation

It is in your best interest to discuss your claim with one of our experienced attorneys as soon as possible.

We Have More Than 40 Years Of Experience Handling Workers’ Compensation Cases

When you work with us, you get a reliable and fierce advocate acting on your behalf. Our attorneys know how to pressure employers to do right by their employees. Contact our West Palm Beach or Port St. Lucie offices to schedule your free consultation by calling 561-478-2500. You can also contact us online to get started.

Gerald A. Rosenthal Author Image

Gerald A. Rosenthal

Retired

Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.

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