Getting hurt at work is stressful and, sometimes, deeply traumatic. From minor slips, trips, and falls to lacerations and electrical injuries, workplace incidents can leave you in pain, out of income, and unsure of what’s next. You may be unable to meet the physical demands of your usual job role without modifications or retraining, or you may not be able to work at all, whether temporarily or long-term. Either way, it’s understandable to feel insecure about where that leaves you with your employer. In Florida, it is possible for them to fire you while you’re recovering, but not just for any reason.
Does Workers’ Comp Guarantee Job Protection?
Workers’ compensation does not protect you from being fired. Florida is what’s called an at-will employment state. This means your employer can let you go whenever they want, for almost any reason, as long as it’s not illegal. That doesn’t change, even if you’re receiving workers’ comp benefits. However, they can’t fire you simply because you filed a claim. This is known as retaliation, and it’s against the law.
For example, let’s say you hurt your back lifting heavy boxes at work. You report it and file for workers’ compensation. If your boss fires you because they don’t want to deal with the claim, that’s illegal. If they let you go because the company is downsizing and laying off other people as well, they may be acting within the remit of the law. These cases can be complex, so if you’re not sure about your particular situation, speaking to a Tampa workers comp lawyer can shed some light.
What Counts as Illegal Retaliation?
Firing you isn’t the only form of illegal retaliation. It can also include when your employer:
- Unfairly reduces your pay or working hours
- Demotes you
- Creates a hostile work environment
- Pressures you to drop the claim
If you notice any of this happening, don’t just make a mental note. Save emails and messages, and keep a record of what’s going on. You may need these details later.
When Can You Be Legally Let Go During Recovery?
When you’re on workers’ compensation in Florida, you can be legally fired for reasons including:
- Company-wide layoffs
- Restructuring
- Poor performance (that has nothing to do with your injury)
- No available modified duties: so when your doctor says you can’t return to your full job, but your employer has no lighter work available
All of these things can feel frustrating, given the timing of your injury, but that doesn’t mean they’re necessarily illegal. Still, if something doesn’t quite feel right, it may be worthwhile to raise your suspicions with a legal expert.
Endnote
While you can be fired while on workers’ compensation in Florida, you can’t be fired specifically because of your claim. That would be classified as retaliation, which is illegal. The best way to protect yourself is to know your rights and stay organized. Maintain open communication with your employer during recovery, get everything in writing, and keep your medical records and paperwork. Workers’ comp is meant to help you recover, not to punish you. If you have doubts about whether you’re being treated fairly, be sure to speak to a lawyer.
