Legal Question in Workers Comp in Florida
Can my employer fire me while I am receiving workers comp? I was injured on the job 5 weeks ago and get the feeling that my employer may try to get rid of me.
2 Answers from Attorneys
You cannot be fired because you fired a workers compensation claim, but you can be laid off or fired for other reasons.
Unfotunately, the employer can replace you while you out on workers' compensation. However, he cannot retaliate against you for filing a claim. If your employer should make any comments which should like he is mad or annoyed with you filing a claim, WRITE them down, keep a diary with dates and who said what. If he simply says he cannot accomadate your restrictions, then he is allowed to terminate you. When and if the doctors release you to light duty, you will need to LOOK for a job within the restrictions he provides in order to continue receiving workers' compensation lost wages.
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