The Florida Workers’ Compensation program supports employees when they need help most — when they are injured and unable to work at their normal capacity. So then what happens if your employer lays you off? Do your benefits disappear just like your salary would if you were working?
While the laws allow Florida employers to lay off or fire employees who are receiving workers’ compensation benefits, Florida Statute sec. 440.205 expressly prohibits companies from firing employees in retaliation for filing a workers’ compensation claim. Still, many employers can claim that financial necessity forces them to lay off or terminate an employee suffering from a workplace illness or injury. What happens to the workers’ compensation benefits when that occurs?
Circumstances Dictate Whether a Worker Receives Benefits After Being Laid Off
The good news is that an employee injured on the job should be eligible to continue to receive benefits even if their employer has laid them off. However, the ability to collect medical and wage benefits will be determined by several factors. First, the claim for benefits must have been accepted as “compensable”, meaning the insurance company agrees you are entitled to workers compensation benefits for your injuries. In many cases, the employer’s workers’ compensation insurance carrier denies claims, and the injured worker’s attorney must file a Petition for Benefits with the Office of Judges of Compensation Claims. This requires the help of an experienced workers’ compensation attorney. If a claim has not been accepted yet as a compensable injury, or you have not yet filed, it is a good idea to talk to a lawyer to learn the best strategies for pursuing the claim. It can be challenging to prove the link between an illness or injury and your job when you are disconnected from the workplace.
Second, the worker must still be eligible to continue receiving benefits. The statutory scheme calls for temporary disability benefits to cease when the disability ends or after 104 weeks in most cases. So, if a doctor determines you have recovered enough to work or you’ve reached your maximum expected level of recovery, your temporary benefits may be discontinued. Similarly, if you’ve been receiving temporary benefits for two years, those benefits will come to an end regardless of whether you’ve been laid off. At that point, according to Fla. Stat. §440.15 (2)(a), a determination should be made about your level of permanent disability.
If You Think You Were Laid Off Because of Your Illness or Injury, Seek Legal Advice
Florida is known as an “employment at will” state, which means employers can fire workers at any time, even if they do not provide a reason. However, that does not give companies the right to fire or lay off employees for an illegal reason. If you believe you were laid off because of your illness or injury, you might have a claim for unlawful retaliation. It could be helpful to talk to a lawyer familiar with workers’ compensation rules to determine whether you are entitled to some form of legal relief.
Know Your Rights When It Comes to Workers’ Compensation Benefits
Just because you may be entitled to receive workers’ compensation benefits after you’ve been laid off doesn’t mean you necessarily will continue to receive those benefits. An insurance company could stop your benefits deliberately due to a misunderstanding or a careless mistake. It is essential to understand your rights and know how to enforce them in many cases to receive fair treatment under the workers’ compensation system.
