Episode Description
In this episode of It’s No Accident, attorneys Jaeson Homola and Mark Nonni tackle a real listener question about workplace injuries and small settlement offers after a construction site accident.
They explain how workers’ compensation claims work in Florida, when an injured worker might also have a personal injury claim, and what legal protections exist if an employer retaliates after a claim is filed. Jaeson and Mark also break down the truth about Florida’s “right to work” laws, what “workers’ comp immunity” really means, and why flashy billboard settlements don’t always reflect reality.
If you or someone you love has been injured on the job, this episode will help you understand your rights, the claims process, and when to talk to a lawyer before signing anything.
Episode Transcript
Mark: All right, we’ve got another question from a listener—actually from someone on our website. Honestly, these questions have been really good. It seems like a lot of these people actually have valid claims. So, if you’ve got a situation like this or a question about your case, give us a call. We can walk you through what you need to do. If we can’t help you directly, we’ll get you pointed in the right direction with an attorney we trust.
Now, the reason I say that is because this next question might be one of those situations where we could help—or it could be one where we’d refer you to a workers’ compensation attorney. Here’s the question:
“My brother was injured on the job at a construction site. The company is offering what I think is a very small settlement, but he doesn’t want to ruffle feathers and lose his job. How does he know if it’s fair before signing the agreement? And if he does lose his job, does he have any recourse?”
Jaeson: That’s a great question, and it’s one we hear a lot. Let’s take the second part first—about losing your job. Over the years, we’ve had many clients in similar situations. It’s always a concern: “If I make a claim, will I lose my job?” Unfortunately, the answer is often yes—it’s possible.
Now, it’s not automatic. Whether someone gets fired depends entirely on the employer, but in Florida, there’s usually not much protection against it. Florida is what’s called an “at-will employment” state. That means your employer can fire you for any reason—or for no reason at all—unless it’s for a discriminatory purpose. So, they can’t fire you because of your age, race, gender, or religion. But aside from that, there’s generally no legal protection from being terminated.
Mark: Exactly. They call it a “right-to-work” state, but it’s really more like a “right-to-fire” state.
Jaeson: Right. The only real exceptions are if you have a specific employment contract that outlines terms and protections, or if you can prove retaliation. For instance, if you can show your employer fired you specifically because you filed a workers’ compensation claim, then you can file a retaliation claim against them.
The challenge is that most employees—especially construction workers—don’t have contracts. So yes, if you bring a claim, you could lose your job, and there’s not always much you can do about it.
Mark: That’s a good point. There is a section in the workers’ compensation statute that prohibits retaliation. If you’re fired specifically because you filed a claim, you can bring a retaliation lawsuit. But most employers know that law exists, and they’ve learned how to work around it.
Usually, by the time you settle a workers’ comp claim, your employer will include language in the settlement saying you’re voluntarily resigning and that it’s not retaliatory. Sometimes they even include that you agree not to apply for another job with that company again.
Jaeson: Right. And that’s why it’s important to have an experienced workers’ compensation attorney—someone who can push back on that kind of language and make sure you’re not giving up more than you realize.
Here in Tallahassee, we have some great workers’ comp attorneys we refer clients to. We know enough to counsel people on the overlap between a workers’ comp claim and a personal injury claim, but when it comes to handling the case itself, those specialized attorneys are better suited for it. It’s a completely different system—an administrative process, not a civil lawsuit.
Mark: Exactly. You don’t file it in the local courthouse like a regular lawsuit. It’s handled through an administrative court with judges who only hear workers’ compensation cases.
Now, going back to the question—if you get hurt on the job and file a claim, the employer could try to document reasons to justify firing you later. So, you might start seeing them nitpick everything—being late, minor mistakes, “poor performance”—so they can say they fired you for those reasons, not for filing the claim.
Jaeson: Yep, that’s exactly what happens. They’ll start building a paper trail so that if you sue for retaliation later, they can point to a list of “reasons” why you were fired.
Mark: Another important point—many people don’t realize that sometimes you only have a workers’ comp claim, but other times you might also have a separate personal injury claim. That’s one of the first things we try to figure out when someone calls us.
Jaeson: Right. The basic rule is this: if your employer or a co-worker is the only party responsible for your injury, you only have a workers’ compensation claim. But if someone outside of your company—like a subcontractor, delivery driver, or another business—caused your injury, you might also have a personal injury claim.
For example, if you’re a bartender and you slip and fall at work, your only claim is likely workers’ comp. But if you’re driving a company vehicle to a meeting and another driver rear-ends you, then you have both—a workers’ comp claim for your lost wages and medical care, and a personal injury claim against the driver who caused the crash.
Mark: Right. That’s because of what’s called “workers’ compensation immunity.” Basically, if your employer provides you with workers’ comp benefits, you can’t sue them for negligence. It’s considered your “exclusive remedy.” The trade-off is that you don’t have to prove they did anything wrong—you just have to show you were injured on the job. But in return, you can’t claim pain and suffering or other non-economic damages.
Jaeson: Exactly. And in construction site cases, it gets even more complicated. There are so many layers—general contractors, subcontractors, vendors—and the law has special provisions for who’s immune and who isn’t. You really have to look at all the contracts and relationships on that job site to figure it out.
Mark: So, going back to the listener’s question about whether the settlement is fair—the best thing to do is talk to a workers’ comp attorney. Most of them offer free consultations. In minor cases, you might not even need one—if you’re getting your medical treatment and lost wages without issue. But if the injury is serious and the offer seems low, it’s worth having a lawyer review it.
Jaeson: Right. They can tell you if the offer is reasonable based on your medical bills, lost wages, and future treatment. They’ll also remind you that there’s no money for pain and suffering in a workers’ comp case—it’s strictly economic damages.
Mark: And that brings up another great point. Whether it’s a workers’ comp case or a regular personal injury case, one of the biggest benefits of hiring an attorney is simply understanding what your case is actually worth.
Most people have no idea what’s fair. Meanwhile, the insurance companies have teams of adjusters who do this every day and know exactly how to minimize payouts. Without an attorney, it’s easy to get taken advantage of.
Jaeson: Exactly. I’ve had people come to me after settling a case, thinking they got a great deal, only to find out later they left tens of thousands of dollars on the table. They just didn’t know what they didn’t know.
Mark: And on the flip side, we sometimes get calls from people who think their attorney’s offer seems too low, but when we look at the facts—pre-existing injuries, low-speed impacts, comparative fault—it actually is fair.
Jaeson: Yeah, and a lot of that perception comes from advertising. Those billboards you see with people smiling and holding $1 million checks? Those are the rare, catastrophic cases. That’s not the norm.
Mark: Exactly. If someone’s on a billboard with a million-dollar settlement, you can bet something really serious happened. They didn’t just have a sore neck for a week. Most of those clients would gladly give the money back if it meant not having to live with a permanent injury or disability.
Jaeson: Right. But people see those ads, just like on social media—only the highlight reel, not the hardship behind it.
Mark: Absolutely. That’s why it’s so important to talk to an attorney who can give you an honest assessment—not a billboard promise.
Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.
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