Can You Be Fired While On Workers Comp?

It’s difficult to focus on recovery when your job is in jeopardy.

In this article, we answer the question, “Can you be fired while on workers comp?”

 

Many employees who become injured in a work related accident find themselves unable to complete their regular job duties. As a result, they are either put to work in a different capacity or forced to stay home until they have recovered.

But if this has happened to you, you know that sitting at home watching daytime television is not always the paradise it’s cracked up to be. In fact, you may be very busy asking yourself, “Am I going to be fired for this?”

Unfortunately, it’s likely that many people don’t inform their employers of workplace injuries or file for worker’s compensation benefits because they’re afraid of losing their jobs.

This begs the question: Can you be fired while on workers comp? Stick with us as we explore the answer.

CAN YOU BE FIRED WHILE ON WORKERS’ COMP?

Yes and no.

Legally, you cannot be fired for filing a workers’ comp claim. The workers’ compensation program was designed to protect employees from unsafe working conditions and provide them with a means of financial stability and medical care.

In fact, it was designed specifically so that workers would not have to fear losing their jobs if they became injured in the line of duty.

However, this doesn’t mean that your employer cannot terminate your employment during your workers’ comp claim.

Most employees in Florida work under “at-will” employment. This means that the employee can resign from their job at any time, for any reason (or no reason). It also means that employers can terminate their employees for any (legal) reason or no reason at all.

manual labor job workers comp can you lose your job

You can be still be terminated or laid off for a variety of other reasons, including:

  • Poor work performance
  • Company financial problems
  • Company restructuring
  • Any other legal reason

If any of these conditions are met, there are no laws preventing you from getting fired while on workers’ compensation.

Legally, however, your employer can’t fire you because you filed for workers’ comp.

WHAT HAPPENS IF I AM FIRED BEFORE I HAVE RECOVERED?

The workers’ comp program was designed to act as a safety net in the event of a serious work related injury. But what happens if you’re (legally) fired while on workers’ comp? Will your safety net disappear?

Fortunately, even if you are terminated, you are still able to collect workers’ compensation benefits until you have recovered or reached Maximum Medical Improvement (MMI). (MMI is the point at which further recovery cannot be expected.)

It is possible for you to continue to receive reimbursement for lost wages if you are laid off, but this does not apply if you were terminated for misconduct.

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ACCOMMODATING WORK RESTRICTIONS

In some cases, your doctor might clear you to return to work but provide you with certain restrictions. What happens if your employer cannot accommodate those restrictions?

Under the Americans with Disabilities Act, your employer is required to make reasonable efforts to comply with your new physical needs. This may involve making accommodations within your current position or even offering you a  light-duty position with less vigorous physical requirements.

construction worker getting knee bandage

However, there may be occasions when your employer is unable to accommodate these restrictions. In this case, you would be excused from work and collect 80% of 80% of your average weekly wage.

Again, even if your authorized physician expects you to make a full and complete recovery, your employer is still legally allowed to replace you while you are recovering from a work related injury.

For example, they might be unwilling to be understaffed while waiting for you to recover. Or they might realize they can manage just fine without you.

PROVING RETALIATION

Because Florida is an “at-will” employment state, it can be difficult to prove that your termination was in retaliation for filing a workers’ comp claim and not another, more innocent, reason.

If you have reason to suspect that you were fired while on workers’ comp simply because you were on workers’ comp, it’s important to gather as much evidence as possible to support your claim.

Document all communication between you and your employer regarding your workers’ compensation claim so an attorney can review it and advise you on next steps.

LET US HELP YOU WITH YOUR WORKERS’ COMP CLAIM

Can you be fired while on workers’ comp? Yes, but it’s very important to examine the evidence you have for why you were fired.

If you’ve filed for worker’s compensation and were subsequently terminated, make sure to keep detailed records, copies of email conversations, and anything else that could help support your case. Then, reach out to a workers’ compensation attorney to find out if your termination was legal.

At The Law Office of Brian D. Tadros, our focus is on you, the injured party. After a workplace injury, you deserve the same level of representation and guidance that your employer and their insurance company have.

If you feel that you were fired (or are about to be fired) for filing a workers’ comp claim, this is the perfect opportunity to hire a workmans’ comp attorney.

Contact us today to schedule a free case evaluation. We’re happy to review your case, answer your questions, and help you decide on the next steps.

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Brian Tadros

Mr. Tadros has been a member of the Florida Bar for over 15 years. Over the course of his legal career, Mr. Tadros has represented injured workers, employers, and insurance companies. This wide variety of experience provides him with a unique perspective which assists him in achieving the best possible outcome for his clients.

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