Your employer does not have to hold your job open for you if you are out of work due to injury. Therefore, you can be terminated while on workers’ comp in Florida, whether because you are unable to work or for an unrelated issue. However, it is illegal for your employer to fire you for filing a workers’ compensation claim.
An Orlando workers’ compensation lawyer with our law firm can help you seek benefits if you suffered an injury while on the job. We can also protect your rights if your employer illegally terminated you for pursuing workers’ comp.
Understanding Florida’s Workers’ Comp System
Workers’ compensation is a no-fault insurance system that protects workers in Florida who suffer injuries while on the job. The law states that the following employers must provide workers’ compensation insurance for their employees:
- Construction industry employers with one or more employees
- Non-construction industry employers with four or more employees
- Agricultural employers with six or more regular employees or 12 or more seasonal employees who work more than a certain number of days per season or year
Because workers’ comp is no-fault, you usually cannot sue your employer for damages related to your injury, and you do not need to prove someone else is liable for your workplace accident to receive benefits. You are eligible to file a claim as long as your workplace has coverage and your injury occurred during the performance of your job.
You may file a separate personal injury claim if a negligent third party caused or contributed to your accident. An Orlando personal injury lawyer with our firm can tell you more about seeking damages with a lawsuit if you qualify.
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Do Your Workers’ Comp Benefits End if You Get Terminated?
According to the Florida Department of Financial Services, your employer does not have to hold your job open for you if you are out of work because of an injury. You can be terminated while on workers’ comp, but termination will not discontinue your benefits. You should still receive medical coverage and disability payments until you reach maximum medical improvement (MMI) or longer if your injury qualifies you.
What if Your Employer Fired You in Retaliation?
Florida Statutes § 440.205 states that employers cannot fire, threaten to fire, intimidate, or coerce an employee for claiming workers’ compensation. If your employer fired you in retaliation, you should consult with an attorney about your legal options.
Benefits Provided By Workers’ Compensation
In general, workers’ comp provides injured employees with:
Medical Coverage for Work Injuries
Workers’ compensation should pay for all of your necessary medical treatment as long as you see a healthcare provider authorized by your employer’s insurance plan. Medical coverage should include:
- Doctor’s visits
- Hospital stays
- Medical testing
- Prescription drugs
- Mobility aids
- Attendant care
- Mileage reimbursement for medical travel
Wage Replacement for Injury-Related Losses
According to Florida Statutes § 440.15, if you cannot work because of your injury, you can qualify for the following types of wage benefits:
- Temporary partial disability (TPD) if you can do some work but cannot make your pre-injury wage
- Temporary total disability (TTD) if you have a severe injury and cannot work at all while you heal
- Permanent total disability (PTD) if your injury is so severe that you cannot return to work, even after reaching MMI
- Impairment income benefits (IIB) if you have a permanent injury that allows you to work with restrictions
Reemployment Services for Permanent Injuries
If you cannot return to the same type of work, you can receive reemployment services through workers’ compensation. These services may include vocational counseling, formal and on-the-job training, and job placement.
Workers’ Comp Death Benefits
If an employee dies because of a work-related injury within one year of their accident or within five years of continuous disability, their family is entitled to death benefits, even if the deceased was terminated. Death benefits may include the following, up to a maximum of $150,000:
- Funeral and burial expenses up to $7,500
- Wage compensation to dependents
- Educational benefits to the surviving spouse
What Time Limits Apply to a Workers’ Comp Claim?
Injured workers generally have two years to file a claim, according to Florida Statutes § 440.19(1). However, you must inform your employer about your workplace accident within 30 days of when it occurred, or you may be ineligible for benefits.
After you tell your employer, they will notify the insurance company. If your employer does not contact their insurer within seven days, you have the right to contact them on your own.
How Can a Florida Workers’ Compensation Lawyer Help You?
A workers’ comp lawyer with our law firm can help you pursue benefits, appeal denied claims, or take action if your employer terminated you in retaliation. Our firm’s Orlando workplace injury lawyers can:
- Consult with eyewitnesses, obtain your medical records, and gather other evidence proving you suffered a workplace injury
- File your workers’ comp claim according to the deadlines
- Fight to ensure you receive medical coverage and fair wage compensation
- Negotiate a workers’ compensation settlement if applicable to your case
- File a Petition for Benefits if insurance denied your claim
- Represent you during mediation or a workers’ comp hearing if necessary
- Take legal action when required, including filing personal injury claims against liable third parties or seeking compensation for a retaliatory termination
- Provide you with frequent and timely case updates
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Contact Bogin, Munns & Munns About Your Workers’ Comp Case
You can be terminated while on workers’ comp in Florida, but it is illegal for your employer to fire you out of retaliation for filing a claim. If you suffered a work injury, you have the right to seek benefits, and your employer cannot prevent you from doing so. In addition, termination should not result in a discontinuation of any coverage you currently receive.
Bogin, Munns & Munns was founded in 1979. Our legal team has hundreds of years of combined legal experience. Whatever your workers’ compensation issue is, we can help you secure full and fair benefits, appeal denied claims or discontinued coverage, and fight back against wrongful terminations.
Contact us online today or call for a free consultation. We take workplace injury cases on a contingency basis.
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