Let Us Answer Your Questions! Protecting The Rights Of Employees Statewide

Can I be fired for filing for worker's compensation?

Q: Should I worry about losing my job?

Whether to worry about your job is a difficult question to answer. Each employer views the people that have been injured on the job differently. A lot of people believe that they will be fired just because they filed a workers' compensation claim, and many actually will. It is inappropriate for your employer to terminate you just because you filed a workers' compensation claim. You can be fired, but there may be legal action that you can take. You'll want to discuss this with your attorney and determine whether or not you were inappropriately terminated.

When confronted with these types of issues, it's quite the challenge. Clearly, we appreciate the importance of maintaining the integrity of a longstanding work relationship with your employer. However, since it's never predictable as to what the type of injury could manifest itself in, in terms of longstanding need for treatment or disability, we strongly encourage any injured worker to make sure that their employer reports the injury properly or to seek alternative means to have it reported. If, in fact, it can be demonstrated that you were fired because of your injury, there are certain available options and remedies through retaliatory discharge, though they are very difficult to prove.

Q: Does my employer have to hold my job for me?

One of the most frustrating things we have to deal with when representing injured workers on a day to day basis is having to sit down with them and explain the grim reality that in the state of Florida, an employer does not have to maintain your job even though you suffered a work place injury to no fault of your own. This is something that often times requires us to take a step back, understand your needs, and evaluate the best approach in terms of perfecting remedies above and beyond returning to the work that you were doing at the time of your injury.

Florida is considered an at-will employment state, which means that your employer may terminate you for any reason as long as it's not discriminatory or retaliatory. If you are unable to do your job on a temporary basis, your employer is not required to hold your job for you. If you are unable to do your job on a permanent basis, it really shouldn't be an issue, because if you're not going to be able to return to it, then there is no job available for you. So, whether or not your employer fires you, or whether you terminate because you're unable to do the job, there are benefits that may be available to you under each of these circumstances. We strongly urge you to consult a workers' compensation attorney to determine which benefits you may be eligible for.

Q: What happens if I am fired while receiving workers' comp benefits?

If you're fired by your employer during the time that you're receiving benefits, it may effect the monetary aspect of your case, but your medical benefits should not be interrupted. You may not be entitled to temporary partial disability benefits if it is determined that you were fired for misconduct or other reasons such as voluntary limitation of income. However, you should seek the advice of a worker's compensation attorney should you dispute the amount that's being paid for you.

Protecting The Rights Of Injured Workers

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