Answering The 7 Most Common Workers’ Comp Questions

For workers who get injured while working, workers’ compensation is a saving grace. This insurance provides benefits and medical care for all who were injured as a result of their job activities.

Nevertheless, many people have never been in this situation before, and have a lot of fears and burning questions about workers’ comp and its limitations.

Continue reading to learn can you collect workers’ comp after being fired, the importance of timing in wrongful termination cases, and other related things.

1. Can you collect workers’ comp after being fired?

Some workers get laid off right after they start receiving their benefits, which is why many people wonder can you collect workers’ comp after being fired.

The answer is yes!

Getting fired doesn’t absolve your employer from paying for your lost wages, medical bills, or even permanent or temporary disability benefits. Another positive here is that you’ll receive these benefits until you reach maximum medical improvement and are cleared by your doctor to return to work with no restrictions.

Only then you will stop receiving your benefits.

So, it’s all good. If you were wondering can you collect workers’ comp after being fired, you can calm down and recover from your injuries in peace.

2. Can you sue your employer?

In Florida, employees are not legally allowed to file a claim against their employers for negligence. According to Florida Statute 440.11, employers, along with any subcontractors or other parties in the workplace are protected from lawsuits. 

There is an exception, though. If you suffered gross negligence or intentional harm, you are allowed to sue your employer outside of workers’ comp. 

3. In which cases will a workers’ comp claim be denied?

While most claims get a green light, there are cases in which they are denied. Typically, this occurs when the injured worker violated their employment contract at the time of the injury. .

For instance, the claim will get denied if:

• The worker was under the influence of illicit substances or alcohol at the time of the injury
• They were hurt off-site when they were supposed to be at work
• The injury occurred as a result of prohibited activities that aren’t in the worker’s job scope, such as playing a practical joke
• The worker was committing a crime at the time of their injury

If any of these happen, the employer is within their legal rights to fire a worker. This can then lead to the workers’ comp claim getting denied. 

4. Can you get retaliated against for filing a workers’ comp claim?

Even though it’s illegal in all US states, retaliation does happen. Many assume termination is the only form of retaliation, but this practice can take on different forms, such as:

• Reducing the injured worker’s pay
• Including the worker in a round of layoffs
• Forcing the injured worker to use their vacation days for medical treatments incurred due to their workplace injury
• Demoting the worker 

In case of retaliation for filing a claim, the employee is allowed to file a wrongful termination lawsuit and receive the following:

• Increase in their benefits 
• Back pay
• Reinstatement to their old job

If you believe you were retaliated against, you have legal recourse against your employee. We recommend contacting an experienced worker's comp attorney who can help you file a wrongful termination lawsuit. 

5. How important is the timing of the work injury in cases of wrongful termination?

If you were fired as a result of your injury, the timing of it matters. For starters, it can be considered direct evidence of wrongful termination. If the injury occurred after your termination, your claim will be denied, though. 

Regardless of the circumstances, the state of Florida recognizes the temporal proximity of a protected activity followed by an adverse action from the employer as a clear sign of retaliation.

What do we mean by that?

In simple terms,  exercising your legal rights, filing a workers’ comp claim, and reporting violations in the workplace are all protected activities. 

If any of these are followed by an adverse employment action (termination, demoting, or punishing an employee in other ways), most courts will conclude that the actions of the employer are retaliatory in nature - especially if the timing window between filing a claim and retaliation was small.

For example:

If John suffered a workplace injury on the 5th of March, filed a workers’ comp claim right away, and received a pay cut two days later because he left his office unattended (which he often does), it’s clear that John was retaliated against by their employer.

It’s also worth noting that the timing of the injury matters for your claim. Workers’ comp will only cover the injuries that happen at work. For instance, if you were informed of your termination days before the injury, the claim may get denied.

6. How are workers’ comp benefits calculated?

In all workers’ comp cases, the benefits you receive will depend on different factors. First is the impairment rating (disability percentage) assigned to you by your physician. Second, the amount of benefits will also depend on your pre-injury weekly wages.

7. Can you receive a lump sum?

It’s up to you. You have the option of receiving a lump settlement or receiving regular payments. Although most workers choose to receive a single payment, in cases that require regular medical treatment, weekly payments are a better option. 

Make sure to consult a workers’ comp attorney before settling your claim. 

Receive what you deserve

In a perfect world, every worker would receive their benefits without a doubt. However, we don’t live in a perfect world. Each workplace injury is unique and has different surrounding scenarios. 

If there is any lack of clarity as to what led to your injury or you’re getting accused by your employer that you’re lying about your predicament, you may need an experienced attorney who can protect your rights and help you receive the compensation that you deserve.

Here at Law Offices of Rite, we’ve seen it all and we know how complicated workers’ comp cases can get. We have decades of experience helping injured workers seek justice and are prepared to protect your rights no matter what the cost.

Contact us at - (904) 500-RITE (7483) or send a message to info@rite4justice.com to book a free case evaluation and protect yourself and your benefits.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.