Is it Possible to Collect Workers’ Compensation When You Are Fired?

What would happen if you were injured on the job? If this happened, you would file a workers’ compensation claim, right? While this seems easy, what if your worst fear is realized and you are fired? You may wonder, will you be able to collect workers’ compensation after you are fired? Keep reading to learn what the law says about this in the state of Florida.

What Exactly is Workers’ Compensation?

Workers’ compensation is a type of insurance. What this means is that it’s there to provide help if something goes wrong. There are few feelings that are worse than suffering an injury while on the job. Besides the difficulties and physical pain of the injury, there is also the fear that you will be fired or let go while you are still recovering. If this happens, you still have to pay your bills, including the new medical bills that are going to be coming in. However, on top of all that, you no longer have the job that provides you the funds to cover these costs.

Workers’ compensation is designed to cover lost wages, medical benefits, and often provides other assistance, too.

Workers’ Compensation and Firings

As long as you aren’t fired for a specific reason, workers’ comp will continue to pay for your injury and disability. If you happen to be fired for cause, you must determine whether the cause is real. Is it something that your employer fabricated to get around the law in Florida? If so, you may be able to file a lawsuit.

Employers aren’t supposed to fire someone as a form of retaliation because they filed a workers’ compensation claim. If they did this, it would be considered illegal. The laws exist to provide protection for employees who are injured while on the job. There are some employees who are going to adhere to these rules, but others may try to find a way around them.

Reaching a Solution Together

Florida law also allows employees and employers work together if the employee isn’t able to perform their regular tasks anymore. They can work to reduce total hours worked, reduce pay, and change work tasks. There will always be a way for employees and employers to agree on the elements and move forward in a manner that is beneficial for everyone involved.

Collecting Workers’ Compensation After Being Terminated

While receiving workers’ compensation benefits, there are several ways you can still be treated like any of the other employees. You could be fired based on a financial decision, just how a regular employee would be.

If you are fired before you recover from your injury, you can still collect workers’ compensation benefits. If you believe you were fired because of your injury, you can begin to build a case to file a lawsuit if you would like to.

Getting Help for Your Workers’ Compensation Case

If you believe you were wrongly fired or if you are having trouble getting your workers’ compensation benefits, contact an attorney for help. Our team at Scott J. Sternberg & Associates can help with any situation you may be facing. To learn more, contact our team at (561) 687-5660.

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