Hardy Marble LLP

Can Hiring A Workers’ Comp Attorney Get Me Fired?

Don Van Dingenen • June 4, 2020

Your Employer Cannot Retaliate Against You

If you’ve been injured on the job and are experiencing challenges with filing your  workers’ compensation claim , such as pushback from your employer or a dispute from the workers’ compensation insurance provider, you might have some understandable concerns about what could happen to your employment if you decide to work with an attorney. However, by law, your employer is  not  allowed to retaliate against you for being injured at work, filing a workers’ compensation claim, or hiring an attorney. Simply put: it is illegal for a company to discriminate or harass an employee for the sole reason of that employee being injured at work or hiring an attorney to assist them with their workers’ comp case.

Examples of Retaliation

It’s also important to note that retaliation does not only include firing; being demoted, denied a promotion for which you are otherwise qualified, and being harassed for filing a workers’ compensation claim or hiring an attorney are all forms of unlawful employer retaliation. If you believe you have been retaliated against by your employer, now is the time to seek legal representation. Reach out to  Van Dingenen Law  to discuss your situation with one of our Orlando workers’ compensation lawyers during a  free and confidential  consultation. As workers’ comp attorneys, we are here so that you can have someone on your side looking out for your rights.

What Happens If I Settle My Case?

Hiring a workers’ compensation attorney does not affect your employment unless you decide to settle your case, at which point you may be let go by your employer. Most workers’ compensation cases do eventually end up settling and in many cases, voluntary resignation is included among the settlement terms. In order to settle your workers’ compensation case, you may be required to resign from your job or you may be terminated as part of the settlement agreement. However, it is important to note that  only  at this point in time can an injured worker be forced to separate from their employer. If a settlement has not yet been reached, your employer cannot fire you or make you resign because you were injured, you had filed a claim, or hired a workers’ compensation attorney.

Can I Keep My Job If I Settle My Workers’ Compensation Case?

Some employers  do  allow injured workers to settle the case and keep their job. This is determined on a case-by-case basis, and there are many factors that affect whether your employer may allow you to keep your job if you settle your workers’ compensation case. We encourage you to reach out to our attorneys to learn more.

Do I Have to Hire a Workers’ Compensation Attorney?

You are not required by law to hire a workers’ compensation attorney in order to file a claim in Florida. However, there are  many  reasons why you may want to do so.

  • First and foremost, countless studies have shown that people who work with an attorney have a greater success rate in obtaining and maintaining their benefits and/or securing better settlements.
  • Secondly, if you encounter any issues with your claim whatsoever—from your employer questioning whether your injuries are work-related to your claim being denied by the insurance company—an attorney will be able to guide you through the next steps.

Depending on your situation, these next steps could include filing an appeal, disputing early termination of your benefits, or preparing for your workers’ compensation hearing.

What Can a Workers’ Comp Lawyer Do For Me?

An experienced attorney can negotiate with the insurance company, collect evidence in support of your claim, and represent you during the hearing. All of these things are incredibly difficult to do on your own. Working with an attorney increases your chance of a better outcome and eliminates much of the stress of navigating the workers’ compensation system on your own.

Another reason to hire a workers’ compensation attorney is that it probably doesn’t cost as much as you think. In fact, at Van Dingenen Law, we offer  contingent fees , meaning we do not collect  any  attorneys’ fees unless we are successful in your case. In the unlikely event that we do not recover benefits or a settlement in your case, you do not owe us a dime. Hiring a workers’ comp attorney can help you receive the compensation you deserve. Additionally, your initial consultation is completely free, so there is no risk in contacting us to learn how we can help you with your claim.

Please  contact us via online form  or call (407) 967-5377 if you have any questions regarding workers’ compensation and how it may affect your employment.

A blurry picture of christmas lights on a tree

Why Do Florida Workplace Injuries Increase Around the Holidays?

By Don Van Dingenen • December 19, 2023
The winter holidays are a time for relaxation and gathering together with friends and loved ones. Unfortunately, for some people, injuries put a damper on the holiday mood. While workplace injuries are generally most common in the summer, plenty of people get hurt on the job during the winter holiday season as well. There are... The post Why Do Florida Workplace Injuries Increase Around the Holidays? appeared first on Van Dingenen Law.
A woman in a suit and tie is holding a book and pointing at it.

How To File a Florida Construction Accident Workers’ Compensation Claim

By Don Van Dingenen • August 11, 2023
Accidents are common, unfortunately, on construction sites in Orlando and throughout the state. Construction workers suffer more fatal injuries in Florida than workers in any other type of industry. Many construction workers survive their accidents but are injured seriously enough that they need medical treatment and may need to take time off of work. If... The post How To File a Florida Construction Accident Workers’ Compensation Claim appeared first on Van Dingenen Law.
A black truck with a van dingen law sticker on the back is parked on a brick sidewalk.

Van Dingenen Law Announces New Company Vehicle

By Don Van Dingenen • May 19, 2023
The workers’ compensation legal team at Van Dingenen Law is excited to announce that we now have a dedicated vehicle available to bring our attorneys and staff directly to our clients, whether they are at home, at work, or in the hospital. The new Van Dingenen Law truck represents our continuing commitment to helping Florida... The post Van Dingenen Law Announces New Company Vehicle appeared first on Van Dingenen Law.
A train is going down the tracks next to a road.

How Does Third-Party Liability Impact Workers’ Compensation Cases?

By Don Van Dingenen • April 22, 2022
If you are injured while working, you have a right to seek workers’ compensation benefits to cover your medical expenses and wages. Many workers’ compensation cases are straightforward – if you are injured at work, your employer’s insurance covers the claim. Not every case is this open and shut. When your injury results from the... The post How Does Third-Party Liability Impact Workers’ Compensation Cases? appeared first on Van Dingenen Law.
A laptop with a bunch of money on it

Workers’ Compensation Settlements with Release Forms

By Don Van Dingenen • January 11, 2022
Ideally, when you file for workers’ compensation, your claim will be approved and you can get your benefits quickly. On the not-so-unlikely chance that your claim is challenged by the insurer or your employer, though, you will have to prepare for a back-and-forth to get what you deserve. At this point, most people hire a workers’ compensation attorney to represent... The post Workers’ Compensation Settlements with Release Forms appeared first on Van Dingenen Law.
picture of security guards

Do Security Guards Get Workers’ Compensation?

By Don Van Dingenen • December 15, 2021
Some jobs are accompanied by inherent dangers, like a security guard whose job is to patrol or watch a property and intercept any criminal wrongdoers who might be there. If you work as a security guard, can you expect to be given workers’ compensation benefits because your job is innately dangerous? Or do most security personnel not... The post Do Security Guards Get Workers’ Compensation? appeared first on Van Dingenen Law.
A man is examining a woman 's back on a table.

Why Doesn’t Workers’ Comp Include Pain & Suffering?

By Don Van Dingenen • November 3, 2021
Workers’ compensation can provide you with plenty of useful benefits after you have been injured at work. But one benefit it probably will not give you is any sort of financial award for your pain and suffering. Even if you have been severely injured in a work accident, you aren’t entitled to pain and suffering damages through workers’... The post Why Doesn’t Workers’ Comp Include Pain & Suffering? appeared first on Van Dingenen Law.
A man is working on a power pole with a bucket.

Do Seasonal Workers Get Workers’ Comp in Florida?

By Don Van Dingenen • October 2, 2021
Halloween will be here soon, and with it, the official start of the holiday season. Employers of all sorts will start hiring seasonal workers to complete tasks that only need done for a short while, rather than year-round. For example, stores that sell Halloween merchandise and other spooky things are only open for about a... The post Do Seasonal Workers Get Workers’ Comp in Florida? appeared first on Van Dingenen Law.
A woman in a protective suit is cleaning a counter in a kitchen.

New Florida Law for 1st Responder COVID Workers’ Comp Claims

By Don Van Dingenen • September 17, 2021
Florida is one of the worst-hit states during the ongoing coronavirus pandemic. Nearly 3.5 million cases have been confirmed in the state, as well as 50,000 deaths. First responders have felt endangered by the high virus counts, especially paramedics who often have to take COVID-19 patients to the hospital via ambulance. In 2020, the Division... The post New Florida Law for 1st Responder COVID Workers’ Comp Claims appeared first on Van Dingenen Law.
A woman in a coat is holding a medical mask in her hand.

COVID Workers’ Comp Claims in Florida Go Down in June

By Don Van Dingenen • August 3, 2021
The Florida Division of Workers’ Compensation has recently reported that the number of COVID-related workers’ comp filings dropped significantly in June. There was a total of 298 such claims in June, which is less than half of the 749 filed in May. Since the beginning of the pandemic, there have been more than 44,600 COVID-19 workers’ comp... The post COVID Workers’ Comp Claims in Florida Go Down in June appeared first on Van Dingenen Law.
More Posts
Share by: