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Where an injured employee was fired less than two weeks after sustaining an injury and before he had actually filed a workers’ compensation claim, he could nevertheless pursue a retaliatory discharge action, held a Florida appellate court. The court noted that the employee had taken steps to collect a workers’ compensation claim even though he had not yet filed it. The court stressed that under the trial court’s erroneous reading of the retaliation statute, § 440.205, Fla. Stat., an employer could circumvent the anti-retaliation rules by terminating an employee immediately upon his or her injury, before the employee had a chance to file the claim.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See Salus v. Island Hosp. Fla. Mgmt., 2020 Fla. App. LEXIS 453 (4th DCA, Jan. 15, 2020)
See generally Larson’s Workers’ Compensation Law, § 104.07.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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