Some people are under the impression that you cannot be fired from your job while you’re out collecting workers compensation benefits. A trained Florida injury attorney knows better. The truth is that Florida is an at-will state. This means that they can terminate you for any reason at any time. It works both ways as well. If you want to leave your employer, they can’t force you to stay. What this means is that your employer can certainly terminate you while you’re collecting workers’ comp benefits. Our Orlando injury lawyers understand how unfair this may seem. Unfortunately, it is something that your employer legally can do and, if they choose to not have you return from workers comp, then they have every right to do that.
Here, we will discuss some of the situations in which your employer may fire you while you’re out on workers compensation. We will also let you know what your options are as far as getting benefits from another source. Finally, we will briefly discuss what it means to live in an at will state. If you have any questions about your own workers compensation case, give us a call right away. You can let one of our Florida injury attorneys help you fight to keep your benefits until you are ready to return to work.
Your Florida Injury Attorney Knows That Florida is an At-Will State
One thing our Florida injury attorney knows for sure is that Florida is at-will state. What this means is that there is no obligation between employer and employee when it comes to your job. You can quit at any time and for any reason. The same is true for your employer. They can fire you or keep you depending upon their discretion.
When one of our clients comes to us letting us know that they’ve been let go, we wish we could do more. Some clients ask us to file a lawsuit for wrongful termination. Unfortunately, these cases rarely prevail. You cannot force a company to keep a worker on their payroll if they don’t want to. That doesn’t mean that your Orlando injury lawyer will stop pushing to make sure that you receive benefits for as long as possible. It’s just that they’re not going to be able to force your employer to take you back.
Do You Know if You Were on Suspension or Probation When You Got Hurt?
One important thing to let your Florida injury attorney know is whether you’re on probation at the time of your workplace accident. If you were already on probation for attendance records or any other disciplinary matter, it will make it easier for your employer to let you go. They can easily say that they planned on letting you go before you’re injured but that they had not gotten around to it. However, just don’t get keen on the idea that you can hold this over your employer’s head.
Have You Communicated with Your Employer Like They Asked You To?
There is a chance that early on in your claim you did not communicate with your employer the way you’re supposed to. Of course, once you retain our Florida injury attorney, all of your employer’s correspondence must go through our office. Prior to that, however, you will have been expected to respond to any requests for information or other action from your employer. Is that something you’ve not done, there is a good chance of your claim will be denied.
Just let your attorney know what you have and have not done. For example, if you were supposed to go to physical therapy and you refuse, you need to let your attorney know this. The same is true if you were supposed to take your medications and you refused to do that. The goal essentially is to make sure that you’re fit to return to work in such a position as before you left. If you fail to cooperate with your workers comp doctor, then you may be let go.
Your Florida Injury Attorney Can Also Reach Out to Your Employer
The first thing your Orlando injury lawyer will do is call your employer and see if they can negotiate your job for when you return. This will likely depend on why you were let go. If you’re already on your manager’s list of problem employees, there’s a good chance that your termination will stay in place. If, however, your employer’s upset that you have not responded to their requests for information or updates, then that’s a different story. Once your attorney reaches out to your employer commands all much better idea of what their position is and whether they’re interested in settling the matter.
Your Florida Injury Attorney Can Help Apply for Other Benefits and Finding a New Job
If you are fired from the job while collecting workers compensation benefits, it can be quite scary. Even if you are still receiving medical coverage for your workplace injuries, it may be quite some time before you are able to work again. It almost works as a catch- 22. If you work in another job, your workers’ compensation benefits will be terminated. However, now that you’ve lost your job, you have no choice but to look for another employer. This is when it’s time to call one of our Orlando injury lawyers. Our team has handled hundreds of workers compensation cases over the years. We know how to negotiate with the insurance carrier as well as with your employer. We are also very familiar with the laws in Florida. We will do our best to ensure that your workers’ compensation benefits continue until you have reached maximum medical improvement.
What we suggest is that you contact our office as soon as possible after your workplace accident. You can schedule your free, initial consultation and sit down with a seasoned Florida injury attorney. Ask them any questions you may have and find out whether your claim has merit. If it does, then our Florida injury attorney will more than likely be able to help. What we will first do is try to negotiate payment with your employer and their insurance carrier. If this is not possible, we can file a lawsuit on your behalf.
Call today to schedule your free consultation. Since you don’t pay our office anything up front, you really have nothing to lose.
