Workers’ Compensation: Can You Be Fired for Being Hurt on the Job?

Sustaining an injury while working is complex and can have long-term consequences on your livelihood. Whether your injury was caused by an accident or negligence on behalf of your employer, it’s crucial to understand your rights, especially if you were fired after being injured on the job and filed for workers’ comp in Florida.

This guide will help you navigate workers’ compensation laws in Florida and whether termination due to a workplace injury is legal.

Can You Be Fired for Getting Injured on the Job?

Employees who suffer an injury on the job often worry about job security. Florida is an at-will employment state, which means an employer can terminate employees anytime without a reason. However, there are exceptions. You may have legal recourse if you were fired because you filed paperwork for a workers’ compensation claim.

When Is It Illegal to Fire an Injured Worker?

Employers cannot fire workers solely because they sustained a workplace injury. If you are unable to perform your job due to an injury or disability, your employer is required to make reasonable accommodations under the Americans with Disabilities Act (ADA). For example, if your employer allowed another worker to modify job duties due to a disability but refuses to accommodate your work injury, this could be a wrongful termination.

Additionally, Florida law prohibits retaliation against employees who file for workers’ compensation benefits. If you were fired or faced adverse action due to filing a claim, you may have legal grounds for legal action.

Workers’ Compensation in Florida: Who Is Protected?

Firing an employee in retaliation for filing a workers’ compensation claim is against the law. Under Florida Statutes Section 440.205, terminating an employee for filing a workers’ compensation claim is regarded as illegal retaliation. Unfortunately, this unlawful practice still occurs far too often. Don’t let the fear of retaliation prevent you from pursuing a valid claim for the benefits you’re entitled to.

It’s important to understand that your job is not automatically protected if you cannot work due to an injury covered by workers’ compensation, even with a doctor’s recommendation. Employers are not required to hold your position open until you can return, and you may face termination if you cannot fulfill your job duties. However, if your situation and employer meet the necessary criteria, you may qualify for leave under the Family & Medical Leave Act (FMLA). In such cases, your job and right to return to work could be protected.

Understanding the intricacies of these protections can be challenging. That’s why consulting a workers’ compensation and retaliation attorney is essential. Rather than determining on your own whether you have a case, seek guidance from an expert who can thoroughly assess every aspect of your termination.

Can You Get Fired for Being Injured on the Job If You Are on Medical Leave?

If your injury requires you to take time off, your job may be protected under the Family and Medical Leave Act (FMLA). FMLA applies to:

• Employees who worked at least 12 months and 1,250 hours within the past year
• Companies with fifty or more employees within a 75-mile radius

If you qualify, FMLA allows you to take up to 12 weeks of unpaid, job-protected leave. However, once this leave is exhausted, your employer is not required to keep your job open.

How to Prove Wrongful Termination Due to a Work Injury

Understanding how to prove wrongful termination due to a work injury is critical to ensuring justice and potential compensation for lost wages and damages.

To demonstrate that your termination was retaliatory and linked to your workers’ compensation claim, you must establish three key points:

• An adverse employment action occurred: This could be termination, demotion, reduced hours, or a hostile work environment.
• You engaged in a protected activity: Filing a workers’ compensation claim is a legally protected activity.
• There is a connection between your termination and claim: Evidence may include suspicious timing, documented employer hostility toward your claim, or statements linking your firing to your injury.

Gathering as much evidence as possible is crucial if you believe you were wrongfully terminated due to a workplace injury. Documentation of employer communications, past performance evaluations, and written statements from coworkers can significantly strengthen your case. A skilled attorney can assist you in building a compelling argument, upholding your rights.

Steps to Take if You Were Fired After Filing for Workers’ Compensation

Being fired after filing a workers’ compensation claim can be intimidating, leaving you uncertain about your next steps. It is vital to take action immediately to confirm your legal rights are protected and you receive the payment and justice you deserve. Understanding the necessary steps can strengthen your case and allow you to take appropriate legal action against wrongful termination.

If you suspect wrongful termination, follow these steps to protect yourself:

• Gather evidence: Keep records of communications with your employer, including emails, termination notices, and performance reviews.
• Consult a workers’ compensation attorney: An lawyer can evaluate your case and advise you on the best course of action.
• File a complaint: You may need to file a complaint with the Florida Commission on Human Relations (FCHR) or the Equal Employment Opportunity Commission (EEOC).

Taking these steps promptly can make a significant difference in the outcome of your case. Ensuring you have suitable legal representation can also help you navigate the intricacies of workers’ compensation laws in Florida.

Can Your Employer Prevent You from Filing a Workers’ Compensation Claim?

Employers may attempt to intimidate or discourage employees from filing a claim. If your employer refuses to process your claim, tries to coerce you into not filing, or punishes you for seeking benefits, they are violating the law. Seeking legal assistance can help ensure your rights are upheld.

Protecting Your Rights as an Injured Worker

Workplace injuries can be life-altering, and the last thing you should worry about is losing your job for seeking rightful benefits. Understanding your rights under workers’ compensation laws in Florida can help you make educated decisions and take action if necessary.

Do not navigate the legal process alone if you believe you were wrongfully terminated due to a work injury. At Wenzel Fenton Cabassa, P.A., we offer a free Wrongful Termination eBook to guide you through your rights and legal options. Contact us today for a free case evaluation to ensure your workplace injury does not impact your future more than it already has.

Frequently Asked Questions

What Should You Do If You Get Injured at Work?

• Report your injury immediately to your employer.
• Seek medical attention from an approved workers’ comp provider.
• Document everything, including incident reports, medical records, and witness statements.
• File a workers’ comp claim with the Florida Division of Workers’ Compensation.

Can You Be Fired While on Workers’ Compensation in Florida?

Yes, but only if the termination is for a lawful reason unrelated to your injury or claim. If you are terminated while receiving workers’ compensation, speak to a lawyer to determine if your rights have been violated.

Can My Job Fire Me If I Get Injured Outside of Work?

Yes, in most cases, an employer can release an employee who gets injured outside of work. Florida is an at-will employment state, meaning businesses can fire employees for any reason that is not illegal. However, if your injury qualifies as a disability under the Americans with Disabilities Act (ADA), your boss may be required to provide reasonable accommodations rather than terminate you. Additionally, if you qualify for job protection under the Family and Medical Leave Act (FMLA), you may be entitled to unpaid, job-protected leave while recovering. If you believe your termination was discriminatory, consult an employment attorney to assess your legal options.