A woman's hand in a bandage and other hand filling out work injury claim form.

Can I be laid off while on Workers' Comp Leave?

Learn Your Rights Under Workers’ Compensation Laws

When you've been involved in a workplace accident, and you've sustained injuries causing you to miss time off from work, it can leave you unsure about your rights — and wondering if you are at risk of losing your job after filing a workers' compensation claim. The good news is that you have protected rights under Florida's workers' compensation laws. Here's what you need to know.

Being Fired or Laid Off Over Filing a Workers' Comp Claim is Illegal in Florida

Your employer cannot legally fire you or lay you off in Florida because you are on workers' compensation leave. If your employer lets you go on workers' compensation leave, you can respond with an illegal retaliation claim. However, there is one exception to this rule. Suppose your employer would have laid you off even if you were still on the job. In this case, you are not protected by your workers' compensation leave since it is considered an unrelated event.

What is Retaliation?

You have a right to work leave under workers' compensation statutes. No employer may terminate, harass, lay off, or otherwise harm an employee for exercising their right to workers' compensation. You can sue any employer who has made you the victim of unlawful retaliation.

At the same time, workers' compensation does not entitle injured workers to special treatment due to their condition and leave. Even if an employee has filed a workers' compensation claim, their employer may still let them go for poor performance. If the reason for termination was unrelated to a workers' compensation claim or leave, there is a good chance it will hold up if challenged.

What if I'm a Contracted Employee?

If you are a contracted employee, your rights are different from those hired at will. You can still not be fired as retaliation for a workers' compensation claim. Your contract should enumerate the reasons your employer can terminate your employment. Standard stipulations in employment contracts are a provision that gives the employer the ability to fire employees if they are unable to work for a given period.

Getting Assistance With Your Workers' Compensation Claim

If you've been injured on the job, you have the right to file a workers' compensation claim to recover medical expenses such as hospital stays, doctors' visits, physical therapy, and more. Our team of experienced workers' compensation lawyers will protect your rights and guide you through the process to ensure you receive the best possible outcome.

Contact Rosenberg & Rosenberg, P.A. today at (888) 499-6206 to schedule a free consultation.


What Makes Us Different?

  • Serving the Local Community of Florida for 50+ Years
  • We've Recovered Millions of Dollars in Compensation for Our Clients
  • Our Team Is Available 24 Hours a Day, 7 Days a Week
  • Free Initial Consultations & No Fees Unless We Win Your Case
  • We Are a Family-Owned Firm, Handling Each Case with Compassion and Dedication
  • Every Case Is Handled by a Team of Attorneys, Including a Partner Tied to Each Case

Contact Rosenberg & Rosenberg, P.A. Today!

While You Focus on Your Recovery, We Will Fight for Justice
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