Negotiate Time Off and Avoid Workplace Bias While Receiving Workers’ Comp

Over the past 25 years, we’ve helped hundreds of clients who have been injured in work-related accidents. We’ve encouraged these victims to understand their rights under Florida law, while also providing them support and guidance. Furthermore, we’ve prided ourselves in successfully providing the necessary resources and knowledge to negotiate all aspects of our clients’ claims.

A primary concern many clients share is job security. Will filing for workers’ compensation jeopardize their jobs? Could they be fired for complying with duty restrictions or suggested time-off for recovery? If they’re gone for too long, do their employers have the right to replace them?

Unfortunately, many of the answers to these questions will depend on specific circumstances.

Clarify and Verify the Details of Your Ability to Work

When negotiating the terms of your recovery and workers’ compensation claim, it’s important to discuss the details of your ability to return to work after your recovery. Make sure all parties understand…

  • Leave durations. Three key points to cover are how long you’re expected to be on leave; if there’s a limit to your recovery time and how that impacts your return; and what to expect if you need additional time off.
  • Work restrictions. Before you return to work, clarify ahead of time if you’ll have special restrictions that may limit your ability to complete assigned tasks. Also determine if your employer needs to rework schedules or refine your job description to account for these restrictions.
  • Injury handicaps. Unfortunately, some injuries result in permanent disabilities. An open discussion about job parameters will help clarify if you can do your current job without losing efficiency, or whether you will need reassignment.

You and your employer may need to outline these details in writing before your return.

Job Security for Workers Also Impacts Employers

Under Florida law, filing for workers’ compensation isn’t grounds for dismissal, but keep in mind that employers may have other reasons for eliminating your position. Although you deserve special consideration for your workplace injury, your employer must be able to ensure that once you’ve recovered, you’re willing and able to return to work. Otherwise, he’ll not only be understaffed but also paying for work that isn’t being done.

However, with the right lawyer on your side, you’ll be able to negotiate terms that are suitable for both you and your employer. You’ll have peace of mind that your job will be there when you’ve healed, and your employer will have no reason to question the need to replace you.

How We Can Help

Contact our office at 386-673-4412 to schedule a free consultation to discuss your workers’ compensation claim. And if you want to learn more about the Florida system, download our book, It’s Not Rocket Science, It’s Workers’ Comp (Or So They Would Have You Believe), at no cost to you. You’ll gain a better understanding of your employee rights and how to stand up to your employer following a workplace accident.

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