A few months ago, I was asked by a colleague to assist on a case. He represented a client in a workers’ compensation claim. The defendant in the workers’ compensation claim turned around and sued his client under a bunch of legal theories in Miami-Dade Circuit Court. I was consulted to defend the client.
Rather than just defend the client against the lawsuit brought against him in Miami-Dade Circuit Court, I had a different take. I felt that the lawsuit had an element of spite and was brought against the client in retaliation for his having asserted his right to make a workers’ compensation claim. Based on the protections afforded to those who stand up for their right to seek workers’ compensation benefits, through Fla. Stat. §440.205, my office asserted a retaliation claim against the employer on behalf of the client. The tables had now been turned.
Before I even paid the filing fee for the counterclaim, both the workers’ compensation claim and the lawsuit were settled. The client ended up receiving workers’ compensation benefits, he recovered additional money through his retaliation counterclaim, and he received other valuable compensation (in the form of a debt that was considered “satisfied”).