Survey of Florida’s Workers’ Compensation Wrongful Termination Law

scales of justice.jpgFlorida’s workers’ compensation system, embodied in Chapter 440 of Florida’s Statutes, is mostly unfriendly towards injured workers. Some smart people predict that it is only a matter of time before the system is declared unconstitutional as no longer providing a fair alternative to the personal injury system, which is what is was created to do nearly 80 years ago and what it mostly did until 2002, until Jeb Bush and Republican legislators began eviscerating the system one large cut at a time. The workers’ compensation system today is a shadow of the one that existed a mere 10 years ago. (For a detailed breakdown of the differences, see our recent blog, Florida’s Workers’ Compensation System’s Steady Decline Into the Abyss.)

One area of Chapter 440 that has not lost its bite for injured workers is