You are most likely protected by workers’ compensation if you have an injury at work. However, a lot of workers are reluctant to submit a claim because of concern that they would lose their jobs while receiving workers’ compensation. This is a common concern, and it’s certainly not unfounded.
Being hurt at work might result in high medical expenses and lost time at work while you recuperate. Depending on how severe your disease is, it can take you days, weeks, or even years to be able to go back to work. You can be concerned about what will occur both while you are away and when you return to work. Will you still have a job? Have you been replaced by your employer? During your absence, will you lose your job?
While your claim is still pending, your employer may dismiss you for other reasons notwithstanding the fact that they cannot fire you for filing a workers’ compensation claim. If they do this, they will have to demonstrate why they dismissed you and that it had nothing to do with your workers’ compensation claim.
In this article, we’ll take a look at how workers’ compensation works after you have lost your job and what your options may be. In general, we recommend seeking out a workers’ compensation attorney in Florida to help you iron out the details of your unique case. However, this guide can provide a bit of context to put your mind at ease about whether or not you will lose your workers’ compensation benefits in the event of job loss.
You Might Be Able to Receive Workers’ Compensation Benefits If You Lose Your Job
Will I Lose My Workers’ Comp Benefits If I Lose My Job?
No. Even if you lose the employment where your accident or sickness occurred, you are still entitled to workers’ compensation. Your right to benefits if you have a workers’ compensation injury does not end if you are dismissed or let go from your job. Employees are protected by Florida law from losing benefits if they lose their jobs.
Those rights continue even when an employee quits their present post in search of better opportunities, so long as the incident happened while you were working and it was related to your tasks.
You will continue to get medical treatment for any workplace-related injuries, lost income resulting from your inability to work normally due to pain, and any other circumstances that may be protected by law in relation to these kinds of situations.
Can My Employer Let Me Go During a Workers’ Comp Claim?
If you reside in Florida, you are likely employed “at-will,” which means that your employer has the authority to terminate your job for any reason or no reason at all. On the other hand, it implies that you would be free to resign from your position for any reason or none at all.
You can lose your job for reasons other than your workers’ compensation claim, such as poor or insufficient job performance, financial problems at work unrelated to your performance, firm restructuring, or if your employer no longer needs you in your current position.
These are all legitimate grounds for terminating a “at-will” employee’s employment. Your employer could, however, be more inclined to fire you as a result of your workers’ compensation claim. Given that it is illegal, they would certainly not acknowledge doing so, but it may be significant.
What Can I Do If I Lose My Job While I am On Workers’ Compensation?
Since you probably have at-will employment as a Florida citizen, it is conceivable for you to lose your job once you start working again while still getting workers’ compensation. You might believe that getting hurt at work gives you greater protection from being dismissed, but this is not the case legally. Your employer has the authority to do this as long as they don’t terminate you for having workers’ compensation or submitting a claim.
Even if they state another reason, you should speak with a workers’ compensation lawyer as soon as possible if your employer dismisses you while you are receiving workers’ compensation and you believe your claim is the primary cause.
You have the right to launch a lawsuit against your employer for discrimination if it is shown that your termination was caused by the fact that you had filed a workers’ compensation claim or were receiving benefits under one.
When an employer terminates an employee in retaliation for the employee reporting a work-related injury or filing a workers’ compensation claim, this is known as retaliatory termination. Most companies won’t really acknowledge doing this, and they will especially refrain from disclosing the true cause of the termination to the fired employee. They are aware that if you claim workers’ compensation caused your job loss, a lawsuit may result.
This is why it’s crucial to speak with a lawyer if you think your job loss may have been caused by disclosing your work injury or filing a workers’ compensation claim. You can conduct an investigation and acquire proof of the employer’s discrimination with the assistance of a workers’ compensation attorney from the Law Offices of Sternberg Forsythe.
What Would Be Considered a “Legal Layoff” While I Am on Workers’ Compensation?
You are not automatically shielded from layoffs as a worker receiving workers’ compensation benefits just because you are not physically present at work. You may still be fired by your employer for any legitimate cause unrelated to your workplace injuries. To fight back against unethical retribution if you are fired due to your injuries or workers’ compensation claim, you might think about contacting an attorney.
Should I Be Worried About Returning to Work on Restrictions in Case I am Fired or Laid Off?
Your doctor could give you the go-ahead to resume work with some limits if you are still healing but still capable of performing specific sorts of light-duty employment. If so, you are still eligible for workers’ compensation payments to cover your lost wages and continuing medical expenses.
However, there are limitations on your employer’s ability to fire you while you’re back at work. Contact a lawyer for legal guidance if you think your workers’ compensation claim or incapacity to do laborious chores may have contributed to your job loss.
A Workers’ Compensation Attorney at the Law Offices of Sternberg Forsythe Could Help You Build a Case
It’s challenging enough to cope with the suffering and anguish of a job accident. You shouldn’t have to deal with the additional stress of medical expenses and lost income because you don’t want to. Employees in Florida are protected by the law if they are hurt or ill at work. Additionally, workers’ compensation payments are a crucial safety net due to the hundreds of occupational accidents that happen across the state each year.
Have you ever suffered an injury in the office in Florida? You can obtain the remuneration and medical attention you require with the help of a workers’ compensation attorney. Trust Sternberg | Forsythe, P.A. workers’ compensation attorneys to help you navigate this difficult procedure. Give us a call at 561-264-1031 today to schedule a consultation and start your journey toward workers’ compensation. We want to help you get the damages you deserve.
What do you think about our guide to receiving workers’ compensation benefits after losing your job? We want to hear your story. If you’re the victim of a work-related injury, we recommend getting in touch with a workers’ compensation attorney at the Law Offices of Sternberg | Forsythe, P.A. to learn more about your potential case.