Can I Be Fired While Receiving Workers’ Compensation Benefits in Florida?

Generally, no, but one of several exceptions may apply.

State law is clear on this point. “No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.” This general prohibition is subject to three major exceptions, which are outlined below.

Employers usually cannot fire victims receiving workers’ compensation benefits, but employers can and do use obscure legal loopholes to delay the settlement process. An experienced Tampa workers’ compensation lawyer navigates through the system and obtains maximum benefits for your serious injury. These benefits usually include lost wage replacement and medical bill payment.

Unrelated Reason

As mentioned, it is illegal for Florida employers to fire workers who file valid workers’ comp claims. It is also illegal to take any adverse action against employees who are witnesses in workers’ comp claims or encourage someone to file a claim.

However, Florida is an at-will employment state. Therefore, unless the reason is illegal, employers can fire anyone at any time for good reason, bad reason, or no reason at all. Common grounds for termination and other adverse actions include:

• Poor attendance,
• Substandard work performance,
• Downsizing,
• Violating a company policy, and

How does the law distinguish between a valid reason and an illegal reason for employment adverse action? We’re glad you asked.

An at-will reason cannot be a pretext for discrimination. For example, if Bill files a workers’ compensation claim and the company eliminates his job, he may have been a victim of workers’ comp discrimination. Bill’s case is stronger if other employees who filed claims were downsized or if only these employees were downsized.

Usually, the employer has the burden of proof to show that the “unrelated reason” was truly unrelated to a workers’ compensation filing or another illegal reason, such as age, ethnicity, gender, or national origin.

Refusal to Accept Light-Duty Assignment

As injury or illness victims recover, doctors sometimes partially clear them to return to work if they work a part-time schedule or a light-duty assignment. These victims are entitled to reduced lost wage replacement benefits.

We mentioned insubordination above. A refusal to accept a light-duty assignment while on workers’ compensation is a form of insubordination.

These issues are rather common in Florida. Most injured victims must see company doctors. Frequently, the team doctor sends injured players back onto the field before they’re 100 percent healed.

Many employers play games. They give recovering victims demeaning light-duty jobs, like a restroom or parking lot attendant. The employee, who is still physically and mentally recovering from an injury, balks at the request. A confrontation ensues, and a termination follows.

To avoid this situation, a Tampa workers’ compensation lawyer typically arranges for an independent medical examination. If the second-opinion doctor says the victim cannot work, the victim has a legitimate reason to refuse the light-duty assignment.

Fraudulent Claim

A few final words about the “valid” claim requirement. Employers can take adverse action against employees who file fraudulent workers’ compensation claims.

Legally, fraud is making a knowingly false claim about an injury or its severity, with the intention to deceive and gain benefits, often involving a material misrepresentation of facts about the incident or the extent of the injury. This narrow standard applies to less than 1 percent of workers’ compensation claims.

Contact a Detail-Oriented Pasco County Lawyer

Victims need and deserve compensation for their serious injuries. For a confidential consultation with a Board Certified workers’ compensation lawyer in New Port Richey, contact the Rooth Law Firm. Fewer than 1 percent of Florida lawyers have achieved Board Certified status.