Legal Question in Workers Comp in Florida

company files Chap 11 I am terminated while on Workers comp

I am on workers comp due to an injury at work and I recently found out that my company filed chapter 11 in January and today I received a termination package from the company. Can this be done legally in florida and will it have an effect on my disability benefits. Also my company is based in pennsylvania, the injury was in florida and I am a rsident of florida which laws would prevail? thanks for any help


Asked on 2/12/02, 7:53 pm

1 Answer from Attorneys

Steve Renick Bloom & Kinnear P.A.

Re: company files Chap 11 I am terminated while on Workers comp

Your question poses a number of different issues. Generally speaking, if your Employer files Chapter 11, it should not affect someone who is already on workers' compensation with the Employer if they are insured. Of course, if the Employer is Self Insured, that can pose further problems. Chapter 11 bankruptcy involves reorganization as opposed to liquidation, so there is a good chance the funds will be there for workers' compensation claimants.

If your accident occurred in Florida, normally Florida law would take precedence. There are always exceptions, so the best advice I can give you on your case is to seek a consultation with a qualified workers' compensation attorney so you can get specific advice on your set of facts.

The information given above is not to be construed as legal advice, but guidance on the issues requested. Nothing can take the place of one-on-one advice from a qualified attorney, so I highly recommend that you seek the advice of a qualified workers' compensation attorney immediately so any specific questions can be answered. Good luck!!

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Answered on 2/13/02, 7:59 am


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