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Am I Entitled to Workers’ Comp if I Lost My Job?

Workers Compensation Attorney 3
Workers Compensation Attorney 3

Generally speaking, you cannot lose your job because you filed for workers’ compensation. However, there are still three situations where you might lose your job after an injury. Each situation has a different outcome, and what happens to you might be slightly different when compared with another employee.

I Was Fired Because of My Injury

Your employer is not legally allowed to terminate your employment because you filed a workers’ compensation claim. However, your employer is not required to hold your job open for you while you are healing either. That means that you can technically be let go because of your injury, but that will not stop your workers’ compensation benefits.

If you can no longer do the work that you were hired to do, then your employer is supposed to accommodate your work requirements so that you can work within any restrictions imposed by your doctor.

If your employer is unable to accommodate your restrictions, then you may be able to get assistance to train for another type of job through the State of Florida. You can find out more by visiting their website.

I Was Fired For Another Reason Unrelated to My Injury

Sometimes there are situations when your employer had plans to terminate your employment, but for whatever reason that did not happen before you got injured. In that type of situation, your employer can terminate you, just as the employer would be able to if you had not gotten injured. However, that does not mean that your workers’ compensation benefits stop.

Your workers’ compensation benefits will continue even if your employer fires you for a reason unrelated to your injury. If the employer tries to stop benefits because you were terminated, then you should speak with a workers’ compensation attorney as soon as possible.

I Decided to Quit

Your workers’ compensation benefits should not stop if you decide to quit your employment with your current employer. However, if you refuse accommodations that your employer provides, then this could potentially jeopardize your workers’ compensation benefits.

The workers’ compensation system assumes that you want to continue working when you are able, and if you stop working or refuse to work when you can, then your benefits may be threatened.

Quitting your job could decrease your settlement amount, however, even if it does not reduce your weekly payments while you cannot work. It is helpful if you have another job lined up, especially if that job is a better fit with your work restrictions after your injury. Talk to your workers’ compensation attorney if you are thinking about leaving your current job.

Speak with an Experienced Workers’ Compensation Attorney

If you find yourself in a situation where you feel your job is not secure and you are receiving workers’ compensation benefits, you should contact an experienced workers’ compensation attorney as soon as possible to get the best advice and guidance for your circumstances. Each situation is different, and making any changes like this might affect your benefits in unexpected ways.

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