Legal Question in Workers Comp in Florida

I was injured on Dec.2008 at work I was put on light duty but my employer would not follow the restrictions that were put in place. In July 2009 I had shoulder surgery .After 6 weeks of recovery i was released to light duty and yet again they would not follow restrictions .I kept telling them that i was in pain and repetitive motion was the cause . They told me that this was all they had for me to do . After i kept telling them that i was in pain they said to go see my doctor. My doctor them put even more restrictions in place this made them angry .After i am released back to full duty can my employer demote me and lower my hr. rate of pay and or terminate my employment ?


Asked on 10/03/09, 1:16 pm

1 Answer from Attorneys
Thomas Shigo The Shigo Law Firm, P.A.

It is illegal for an employer to retaliate against an employee for filing a workers' compensation claim. However, proving that you were demoted, had hours cut, or fired because you filed the claim is very difficult. Keep a copy of your doctor's restrictions in your pocket at all times while you are at work. Do put forth a good effort to perform whatever work is given that are within your restrictions. If you believe that the work you are being asked to do are beyond your restrictions, talk it over with your doctor.Do not quit. Do not break any workplace rules. (see an attorney)

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Answered on 10/07/09, 2:34 pm


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