Can I Be Let Go from My Job if I’M Out on Disability?

Can I Get Fired When I’m on Disability in Florida

If you are out on disability and receiving Worker Compensation benefits, your employer is not allowed to fire you for that specific reason. However, there is no stipulation in the law that states that your employer is required to hold your job open for you if your doctor says that you are unable to return to work. This makes for a somewhat confusing situation and requires you to use the right language as you navigate your disability.

For instance, you need to be able to keep your job but be out on temporary disability leave. This means that you still work for an employer but are just not going to work.

That employer may hire another person to fill your position while you are not working, but as long as you are employed, your employer may not fire you solely because you are disabled and have filed a Worker Compensation form. The language of the law stipulates that employers may not intimidate or threaten to fire you for making a valid claim for Worker Compensation.

However, if you are forced to leave your job due to a disability such as through the Social Security Disability (SSD) program, your employer is not required to hold your job open for you until you are better.

Once you have closed the door on being able to work, whether through unemployment or SSD, your employer is not obligated to leave that door open for you in the future. From a legal perspective, it is never a good idea to burn any bridges.

Florida Workers Comp Attorney

Disability issues can be confusing, especially where they intersect with Workers Compensation and employment. A good lawyer is essential to help you get through the difficult times caused by a disability. Contact the law offices of Scott Sternberg for a free consultation if you need more information or assistance.

Last Updated: 14 May, 2012

Category: Florida Workers Compensation Injury



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