Can I Be Fired While Receiving Workers' Compensation Benefits?
Continued employment isn’t guaranteed for workers’ comp recipients.
In most cases, state and federal laws prohibit employers from taking any adverse action against workers who file workers’ compensation claims or encourage other people to file such claims. But this protection doesn’t apply in all cases. The three scenarios discussed below are the three most common scenarios which involve an employer firing someone who’s receiving workers’ compensation benefits.
Certain kinds of misconduct could jeopardize your employment status while receiving workers’ compensation benefits. So, a Tampa workers’ compensation lawyer does more than fight for the benefits you need and deserve. Attorneys also advise clients and help them keep these benefits. Attorneys also advocate for victims when insurance companies try to prematurely pull the plug on their lost wage replacement and medical bill payment benefits.
Filing a Fraudulent Claim
In most cases, filing a fraudulent claim is grounds not only for termination of benefits, but also termination of employment.
Employers would have people believe that workers' compensation employee fraud is rampant in Florida. But that’s simply not true, mostly because of the definition of “fraud” in Florida workers’ compensation law.
Usually, fraud is filing a medically baseless claim for an injury or illness. Medical disputes, regardless of the circumstances, are never fraudulent.
Assume Doctors A and B agree that a fall injury victim’s injuries are not serious, and the victim can immediately return to work. Doctor C says the victim’s condition probably is not serious, but more tests are necessary. The victim has some medical basis for partnering with a Tampa workers’ compensation lawyer and filing a claim.
Job-related fraud is somewhat less common. Workers’ compensation benefits are available if a non-work or pre-existing condition contributed to a work-related injury or illness. These claims are only fraudulent if a non-work or pre-existing condition exclusively caused an injury or illness.
If Paul files a workers’ compensation claim because he claims he was shot at work and evidence proves he was shot elsewhere, his claim is fraudulent.
Refusal to Accept Light Duty Assignment
This scenario is the one we see most frequently. If a doctor, who is usually a company doctor in Florida, clears the victim for light-duty work and the victim refuses to accept that assignment, benefits and employment may be terminated.
Employers often assign victims in these situations to borderline humiliating jobs (e.g. Paul is a restaurant manager and his light duty assignment is watching the parking lot), hoping the victim will refuse the assignment.
Misconduct Off the Job
The third major area is somewhat related to the second one. Many employers have personal conduct rules that apply on the job and off the job as well. For example, a Christian school might prohibit employees from visiting bars. If Paul goes to a bar while on workers’ compensation, he may lose his job and his benefits.
Such personal conduct rules may or may not be constitutional as an infringement on personal liberty. But that’s the subject of another blog.
Another example is a delivery driver who picks up a DUI while on workers’ compensation. Many delivery companies summarily fire these drivers, whether they’re in company vehicles or private vehicles, and whether they’re on the clock or not.
Work With an Expert Hillsborough County Lawyer
Victims need and deserve compensation for their serious injuries. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact the Rooth Law Firm. Mr. Rooth is a Board-Certified attorney in workers' compensation law by the Florida Bar Association, a distinction that fewer than one percent of all Florida lawyers have.