Lutz, FL asked in Workers' Compensation and Civil Rights for Florida

Q: Do I have a workers comp retaliation case. Caucasian workers able to use workers comp without loosing their job.

Wondering if this is a case. I took workers comp and within 2 weeks was let go. I was gas lighted into not taking it when the injury first occurred, then 2 weeks later I wanted to get it checked because the exact pain came back. I found my job listed on indeed before I had my 2nd Apt at the clinic. -harassment during filing -gas lighting/not wanting me to file in txt -was not paid for last weeks of work -last pay received reflected $1 over from when I first started 11 months ago -injury from osha violated practice possibility..not saying to keep anonymous as possible.

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Florida Statute 440.105 (2) (a), pertaining to workers compensation, provides as follows:


"... It shall be unlawful for any employer to knowingly:


"2. Discharge or refuse to hire an employee or job applicant because the employee or applicant has filed a claim for benefits under this chapter."

Thus, whether or not racial discrimination may have occurred, you may have a case that your employer violated this section.

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