No. Section 440.205 prohibits retaliation. The hard part is proving causation.
Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
Florida law prohibits employers from firing or punishing workers for filing workers' compensation claims. Section 440.205, Florida Statutes: "No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee's valid claim for compensation or attempt to claim compensation under the Workers' Compensation Law." The statute supports a separate civil action for damages, brought in circuit court, distinct from the workers' compensation claim itself.
Section 440.205 creates a private cause of action for the wrongfully terminated worker. The Florida Supreme Court recognized the civil remedy in Smith v. Piezo Technology & Professional Administrators, 427 So. 2d 182 (Fla. 1983). The claim sounds in tort and is brought in circuit court, not before the Judge of Compensation Claims.
Elements: (1) the plaintiff filed or attempted to file a workers' compensation claim; (2) the employer discharged, threatened to discharge, intimidated, or coerced the plaintiff; and (3) the WC claim was a motivating factor in the adverse employment action.
"Motivating factor" is the causation standard. The plaintiff need not prove the WC claim was the sole reason for the firing — only that it was a substantial motivating factor. Mixed-motive defenses are available to the employer.
Direct evidence of retaliation — a supervisor saying "you're fired because you filed that comp claim" — is rare. Almost all retaliation cases proceed on circumstantial evidence, and timing is the most powerful circumstantial signal:
Termination within days or weeks of the WC claim filing carries strong presumptive weight. The shorter the gap, the more difficult the employer's burden to show a non-retaliatory reason.
A sudden shift in performance reviews after a long history of positive reviews and immediately following the claim is similarly powerful. Employers often manufacture documentation post-claim to support pretextual firings; the pattern shows up in the file.
Disparate treatment of the comp-claimant compared to similarly-situated employees who did not file claims is evidence of pretext. If three employees committed similar attendance infractions and only the comp-claimant was fired, the disparity speaks.
The employer will articulate a non-retaliatory reason: poor performance, attendance issues, policy violation, reduction in force. The plaintiff's job is to demonstrate pretext — that the stated reason was not the real reason or was not consistently enforced.
Common pretext patterns:
Performance reviews that change suddenly. A worker rated "exceeds expectations" through five annual reviews, then "needs improvement" three months after a comp claim, has a strong pretext case.
Selective enforcement of policies. An attendance policy applied to the comp-claimant but not to others who had similar absences.
Inconsistent reasons. The employer states one reason for termination in the discharge meeting and another in EEOC or unemployment filings. Inconsistencies are gold.
Manufactured paper trail. Negative documentation dated shortly after the claim, recording events that predate the documentation by months. Forensic email and metadata analysis sometimes uncovers backdated documents.
Past and future lost wages. Wages from the date of termination through trial; future lost earnings if the worker cannot find comparable employment. Mitigation is required — the worker must show reasonable job-search efforts.
Emotional distress. Damages for the emotional toll of wrongful termination. Florida courts allow recovery without expert psychological testimony, though such testimony strengthens the claim.
Reinstatement. An equitable remedy available in appropriate cases. Often impractical when the employment relationship has fully fractured.
Punitive damages. Available where the employer's conduct was sufficiently egregious. Section 768.73 caps apply.
The wrongful termination claim sometimes settles for substantially more than the underlying workers' compensation claim. An employer who fired a claimant to suppress costs faces a much larger civil exposure.
Document everything. Get a copy of your personnel file. Note the dates of the WC claim filing, the termination, and any intervening events. Preserve emails, performance reviews, and policy documents.
Get statements from coworkers who witnessed the change in employer treatment. Coworker witnesses are powerful but volatile — get statements promptly before fear of retaliation silences them.
Do not sign a separation agreement that releases the retaliation claim without legal review. Employers often present severance packages with broad releases. Once signed, the retaliation claim is gone.
Watch the four-year statute of limitations under section 95.11(3). The clock runs from the date of the termination.
Section 440.205 is real. Free consultation.
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