Many employees discover their services are no longer needed shortly after they file for workers’ compensation. Many claimants are simply not able to work after an on-the-job injury, and employers may not have the resources to keep the worker on as an employee.
While it's not illegal for someone who collects workers’ compensation to be fired or laid off, it's illegal if the termination is a direct result from the claim itself, since this would be considered retaliation.
Florida Workers' Compensation Laws Protect Employees from Retaliation
Workers who are injured on the job rely on workers’ compensation benefits for their short-term injury costs, but most are hoping to return to work as soon as they are able. Unfortunately, employers may consider an employee’s recovery period as a convenient time to terminate the worker, since the employee is often too busy with the injury to fight the decision.
If you were terminated while out on workers’ comp, you may be wondering:
- Do I get to keep my job? Florida's Workers' Compensation Laws don't require an employer to “hold” a worker’s job while he or she recovers from a workplace injury. However, these laws do prohibit an employer from terminating an injured worker if the action is retaliation for filing the workers' compensation claim.
- Do I get to keep my benefits after termination? In most cases, an employer’s insurer is still responsible for paying temporary partial disability or temporary total disability benefits to an injured employee even if the employee is terminated.
- If I caused the accident, can my benefits be terminated? Employees are entitled to workers’ compensation benefits even if their own actions were partly or solely to blame for their injuries.
If you believe you were terminated because you filed a workers’ compensation claim, you should speak to an attorney as soon as possible. The attorneys at Johnson & Gilbert, P.A. can investigate the connection between your filing a claim and your termination, allowing you to get the fair treatment you deserve.
Contact us today by filling out the quick contact form on this page, or order your free copy of our book, It’s Not Rocket Science, It’s Workers’ Comp, to learn more about your employee rights.