Florida law prohibits punishing or terminating workers for seeking workers' compensation benefits
There is no doubt that South Florida workers are feeling the grips of recession. Florida's unemployment rate is 5.5%, compared to only 4.2% one year ago. That is a loss of 78,100 jobs. Palm Beach County has been the most impacted, with an unemployment rate of 6%, compared with 4.5% last year. Broward County's unemployment rate is similar.
What is the impact of recession and unemployment on workers' compensation claims? According to the National Council on Compensation Insurance, Inc. ("NCCI"), based on 50 years of data, Florida workers' compensation claims decline during recession. The reasons for this phenomenon are unclear, but it is believed to be due to a slower rate of new hiring and lower claims filing by workers who were not laid off.
In other words, during a recession, injured workers don't want to "rock the boat" and file a claim and hire a workers' compensation attorney. A poll of business executives called the Wausau Multiline Productivity Poll, recently concluded that 60% of respondents believed that they would save money on workers' compensation claims during the current recession!
It is important to note, that the Florida Workers' Compensation law, strictly forbids an employer to retaliate or discharge an employee, for prosecuting a workers' compensation claim. It is against the law to punish an injured worker for attempting to gain workers' compensation benefits. The law firm of Randy Zeldin, Esq. can have a lawsuit filed against an employer, which seeks to punish or fire an employee for seeking workers' compensation benefits. It is hoped that the ongoing recession in South Florida will not stop injured workers from getting the benefits they are entitled to under the workers' compensation laws.
