Seay HR - February 2026
In Florida, employers are required to carry workers’ compensation insurance to provide benefits for an employee who experiences a work-related injury or illness. Workers’ comp insurance is meant to protect both employees and employers from unexpected out-of-pocket expenses and losses. Benefits may include compensation for medical treatments, funeral expenses, lost wages and disability payments.
When an employee is injured on the job and files a work comp claim, it’s essential for employers to handle the situation with care and in full compliance with the law. Well-intentioned decisions can be misinterpreted as discriminatory if they aren’t handled properly. Even the appearance of retaliating against an employee because of a work comp claim can open your business up to serious legal risks.
In addition to damaging morale, failing to handle workers’ comp claims properly can put your business at risk of an expensive lawsuit. This is because workers have a right to file for benefits after a workplace injury and employers have a legal obligation to treat them fairly and without retaliation. To help you stay compliant with workers’ comp laws and avoid potential legal issues, here are five examples of workers’ comp discrimination that can lead to lawsuits against an employer.
1. Firing an employee while they have an open work comp claim. Terminating an employee for filing or having a pending work comp claim can be seen as retaliatory and is illegal in many states.
2. Refusing to rehire or accommodate an injured worker after recovery. If an employee is medically cleared to return to work with or without reasonable accommodations, refusing to reinstate them may be considered discrimination.
3. Reducing hours or demoting an employee after filing a claim. Intentionally cutting hours, reassigning to a less desirable position or demoting the worker as a result of their injury or claim can be grounds for retaliation claims.
4. Harassing or retaliating against a worker with a claim. Mocking, isolating or otherwise harassing an employee because they filed a claim or are on modified duty can constitute discrimination and may lead to a hostile work environment claim.
5. Discouraging employees from filing work comp claims or threatening consequences. Telling employees they’ll be punished, lose hours or face termination for filing a claim violates workers’ rights and can lead to legal action.
One of the most important ways employers can protect themselves and their employees is to create a safe working environment. A safe work environment reduces the risk of work-related injuries and illnesses, which can prevent workers’ comp claims. Here are several ways employers can create a safe workplace and stay compliant with workers’ comp regulations:
Offer Safety and Emergency Preparedness Training
Training your employees how to stay safe on the job and what to do in case of an emergency not only reduces their risk of injury but can also decrease work comp claims.
Review Your Workers’ Comp Policy
Conducting an annual review of your workers’ comp policy is important to ensure that it is still meeting the needs of your business and satisfies legal requirements.
Post a Notice of Compliance
Posting a notice of compliance with workers’ comp laws can provide employees with the information they need to share with health care providers if an accident occurs.
Conduct Safety Inspections
Safety inspections are an opportunity to identify and fix safety hazards in your workplace before they cause an accident. According to OSHA, workplace safety inspections should be completed every six months.
Provide Personal Protective Equipment (PPE)
Provide all required and recommended PPE for your industry and train employees on how to use it to help prevent injuries.
Encourage Early Reporting
Encourage and facilitate early reporting of any injuries or illnesses that occur as faster treatment can sometimes prevent more serious injuries. If an injury occurs:
■ Respond Appropriately – Managers should be trained to respond appropriately to a workplace injury. Less serious injuries may be treatable with items from a first-aid kit, while an ambulance may need to be called for more severe injuries.
■ Comply with Workers’ Compensation Board Requests – When a workplace illness or injury is reported, the state’s workers’ compensation board may contact your business for information about the employee and your account of their injury or illness. It’s important to provide the board with accurate information in a timely manner to prevent delays in claim processing.
■ Report the Injury – Employers must file a “report of injury” if their injured worker requires medical care beyond first aid or if they need more than two treatments from a doctor. All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye.
Florida requires workers’ compensation insurance and if your business fails to secure it or you’re accused of committing workers’ comp fraud or discrimination, your business could face serious consequences, including:
■ Fines: The state decides how much you’ll pay for not having workers’ comp coverage and the longer you go without coverage, the more you could owe.
■ Criminal charges: You could be charged with a crime for not providing your employees with the insurance they’re legally owed.
■ Lawsuits seeking compensation for losses: If a worker gets hurt or sick on the job and you do not have appropriate workers’ comp insurance, they could sue you to recover damages for their injuries.
■ Discrimination lawsuits: If an employee believes they have been discriminated against after filing a work comp claim, you could face an employment discrimination lawsuit.
Taking workers' comp claims seriously helps protect both employees and your business. By keeping the workplace safe and handling claims fairly, you can avoid legal problems and build trust with your team.
FRSA partners with Seay HR to offer FRSA members HR information. This resource is available to provide answers to your HR, personnel management and employment-related questions including topics such as payroll, leave of absence, discrimination, discipline, workers’ comp and disabilities. Sometimes a simple question can turn into a complicated and costly
concern if it is not handled properly. When you have a question and need an accurate and concise answer, contact Seay HR by phone or email and identify yourself as an FRSA member. Email admin@seay.us or phone 888-245-6272. There is no fee for a 15-minute consultation. Discounted fees apply for in-depth consultations.