Can You Be Terminated While Receiving Workers Compensation?

Those who are injured at work may find themselves being unable to perform their regular job duties. As a result, they can either return to work with accommodations or may be forced to stay home until they recover. 

Since you’re no longer in school, the idea of laying on your couch watching Netflix doesn’t sound that attractive - especially when you consider the financial losses you’ll experience along with an extreme amount of stress. 

Even worse, you may also wonder if you can get fired because of your injury. You’re not alone, as many incapacitated workers avoid filing for workers comp benefits or even informing their employer of the injury because they’re afraid of getting terminated.

Bear with us as we explore the tricky matter of termination workers compensation and provide you with all the information needed to feel better about your situation. 



Can your employer terminate you while you’re on workers comp?

As said earlier, termination workers compensation is a complex issue. Legally, your employer can’t fire you for filing a workers comp claim. Laws were put in place to protect workers from unsafe workplaces, as well as provide them with financial protection and medical care in case of injury. 

In fact, the entire workers compensation program was created so the workers don’t have a reason to fear repercussions if they’re injured while on the job. 

With that said, not everything is rosy as employers sometimes terminate workers who are in the process of filing a claim. In many cases, it’s legal as Florida is an “at-will” state. While this means that the employee has the right to quit their job for any reason whatsoever, at any time, the employer can also terminate the employee for any legitimate reasons at their discretion. 

Just a few of the reasons why the employer may fire an employee include:

• Unsatisfactory work performance
• Company restructuring
• Poor financial situation
• Insubordination
• Breaking company rules
• Incompetence

If any of these occur, no laws are preventing an employer from firing you despite the fact you were injured and are receiving workers comp. 

It’s important to stress the following, however:

An employer can’t legally terminate your employment contract strictly because you filed a workers comp.

What if you’re terminated?

When thinking about the termination workers compensation, most employees worry heavily about their financial situation if a termination happens. Suppose you were let go legally while injured. In that case, you’ll still be able to collect your benefits until you reach maximum medical improvement (the point at which you can’t expect further recovery) or full recovery. 

Furthermore, you may also receive compensation for lost wages, as long as you weren’t fired for misconduct. 

Can you quit your job while on workers comp?

If you decide to quit your job while recovering from injuries, you’re still eligible to receive compensation for medical care. Unfortunately, by resigning or quitting, you may lose your rights to claim lost wages. 

Our advice is - wait it out.

Because a workplace injury is preventing you from returning to your job to collect your paycheck, you probably won’t have any other way to pay for essential bills such as food and housing. It’s better to wait until your claim is settled or you recover before quitting your job. 

Can you work with restrictions?

Your physician may clear you to return to work in a limited capacity. This requires the employer to accommodate these restrictions. But what if your employer is unable to do so?

According to the Americans with Disabilities Act, your employer is legally required to make a reasonable effort to accommodate your physical limitations if you suffer a workplace injury. They can either make adjustments to the position you’re filling at the moment or move you to a lighter-duty job. 

If they are reasonably unable to do so, you can be excused from your job while collecting 80% of your average weekly wage.

Keep in mind that the employer still has the right to legally fire or replace you while you’re recovering. For example, they may not be able to cope with being understaffed while waiting for you to return to work, or they may simply realize that they can still complete all the workplace duties without you. 

What to do if you believe you were a victim of retaliation?

If an employer retaliated against you by demoting or firing you just because you filed a workers comp, you can file a lawsuit against them for unlawful termination even if you were fired after receiving the workers comp settlement. 

As described earlier, Florida is an at-will state, which means proving termination workers comp retaliation for filing a claim is very difficult.

Still, if you have a reason to believe that you were wrongfully terminated because you exercised your legal rights for compensation, you need to start gathering evidence right away. You can begin by documenting all communications with your employer in connection with your claim to increase the chances of a favorable outcome.

You should also take all of the evidence to an experienced workers’ comp or employment attorney. They can review the information and determine whether there is evidence of retaliation, and if the answer is yes, explain to you the next steps you should take to pursue legal action. 

Attorneys from RITE can help protect your employment rights

Since you can be terminated while receiving workers comp benefits, you need to do everything in your power to protect your legal rights by collecting all the evidence regarding your firing. If you have a suspicion that your employer is guilty of wrongful termination, you owe it to yourself and everyone around you to seek justice. 

Luckily, you don’t have to go through the treacherous process of workers comp alone. Here at Law Offices of RITE, we help support injured workers in all matters related to workers compensation, including wrongful termination.

Since your employer and their insurance company will most likely have a legal professional on their side, you should protect your legal rights by hiring the best workers comp attorney in Florida. 

Call (904) 500-RITE (7483) or send an email to info@rite4justice.com and schedule a free consultation now!

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.