Termination After Receiving Workers’ Compensation Benefits Is Retaliatory

When someone is injured at work and applies for workers’ compensation benefits, they often rest easy knowing that they will have a job upon their return. However, what many are unaware of is that by law, Florida does not require an employer to keep an injured worker’s job open for them while they are on workers’ compensation leave. It does, however, require the employer not to fire the employee solely for filing a workers’ compensation claim. The law seems simple, but the reality can be complex. The right attorney can help protect your rights.

A Loophole In The Law?

Section 440.205 of the Florida Annotated Statutes is the state’s section governing the coercion of employees. It states explicitly that an employer may not “discharge, threaten to discharge, intimidate or coerce” any of their workers solely because they filed or received workers’ compensation benefits. There is no room for ambiguity in this type of provision. However, it leaves out one important thing: it does not forbid an employer from terminating an employee who happens to be receiving workers’ compensation benefits for another employment-related reason.

Florida, like most U.S. states, is known as an “at-will” state for purposes of employment. Unless an individual has an employment contract, an employer or employee in an at-will state may terminate their employment relationship for any lawful reason (with certain public policy-related exceptions). Thus, if an employer decides to fire an employee for alleged poor performance while that employee is out on workers’ compensation leave, they will be able to do so as long as they can show the termination is separate from the workers’ compensation case.

Standing Up For Your Rights

If you suspect that you were terminated as a result of your workers’ compensation claim, even if your employer gives an alternate reason, it is important to try and gather as much evidence as possible. Medical records, performance reviews, personnel records, and the like can testify to your quality work and to the reality of your injury. In addition, it is imperative that you be on the lookout for more overt retaliatory behavior – for example, some unethical employers may try to cut your workers’ compensation benefits, even though their insurer is usually required to pay them even after you are terminated.

While it is important to gather evidence, it is also a good idea to act quickly. These types of claims do have a statute of limitations, meaning that they may only be brought within two years of the accident (or the development of repetitive injury). This period goes by much more quickly than the average person thinks, and once it is past, the claim is forever barred. Consulting an attorney can help the average person clarify their situation and their options.

Contact An Orlando Workers’ Compensation Attorney

If you are injured on the job, you have the right to seek workers’ compensation benefits without retaliation. Too often, a termination in this situation is retaliatory – and the right attorney can help the victim get what they are owed. An Orlando workers’ compensation attorney from the Hornsby Law Group can help – call our office today at (407) 499-8887 to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.205.html