If you are injured while on the job, you may wonder what’s next? At this point, you can file a workers’ comp claim. However, what happens if you are fired? Can you still collect the workers’ comp benefits after you are fired? Do you know how Florida law and workers’ comp law intersect? Do you have the legal right to hold your former employer liable for firing you if you are still collecting workers’ comp benefits?
These are all good questions, and if you find yourself in this situation, the best thing you can do is to contact our legal team. More information about workers’ comp and your rights can also be found here.
Do You Understand Workers’ Compensation?
As you probably already know, workers’ compensation is a type of insurance. It means that it is designed to provide help when something goes wrong. There are few things that are worse than being injured while on the job. Besides the actual physical pain and the difficulty of dealing with the injury, there is also a fear that you are going to be fired while you are still recovering. If this situation occurs, you are left trying to cover your regular bills, all the new medical bills, and you no longer have a job to help you do this.
Workers’ comp benefits cover your lost wages, medical costs, and possibly other types of assistance.
The Law is On Your Side
As long as you aren’t fired for cause, your workers’ comp benefits will continue to come in. However, if you are fired for cause, you have to determine if this cause is real. If it is something your employer has made up to circumvent Florida and workers’ comp law, then you may have the “perfect storm” to file a lawsuit.
Employers don’t have the right to fire an employee because the file for workers’ comp benefits. In fact, doing this is illegal in the state of Florida. These laws are in place to protect employees who have been injured while on the job. There are some honest employers who adhere to these laws, but there are other who don’t.
Finding a Solution
According to Florida law, you have the ability to work with your employee if you are no longer able to perform your typical job tasks. You can work together to make adjustments, such as a change in assignments, reduced hours, and even reduced pay.
Continued Benefits Are Possible
If you are currently receiving workers’ comp benefits, in many ways you are still going to be treated just like any other worker. In some cases, you may be fired due to financial issues within the company, just like any other employee would be fired. This is something that happens.
If you are fired before you fully recover from your injury, you still receive your workers’ comp benefits. If you believe you are fired because of your injury, you can contact our law offices to begin building a case to file a lawsuit against your employer.
Remember, if you are fired with cause, you will not receive the benefits. If your employers are unable to prove cause, though, again, you can begin to lay the groundwork for a lawsuit.
If you want to know if you have a situation where a lawsuit may be feasible, we can help. Contact us at Scott J. Sternberg & Associates by calling 561-687-5660 to get started.