Legal Question in Workers Comp in Florida
can an employer make you retire
I suffered a back injury, while on duty, on 03-19-05. After dealing with an incompetent comp doctor I finally got approved for a second opinion, 6 months later, and needed surgury- 09-19-05. I healed very quick and returned to work approx. 4-5 months later. I continued to work at full duty until I injured the same disc again and needed to have a second surgury, 04-18-06, on the same disc. Unfortunitly this recovery isn't going as well. I am still under doctors care, just starting pain managment, and received a letter from H.R. stating that I need to make an appointment to discuss my options, medical retirement or return to full duty. When I talked to her she became very defensive when I asked to bring someone with me and stated that I just need to sign some papers. My question is this, can my employer push me out while Im still under doctors care? My goal was and still is to return to work and I feel like I am being forced into something. Thanks for your time, there is more to the story but I have bored you enough!
2 Answers from Attorneys
Re: can an employer make you retire
Remember Florida is at At-Will state if you dont have any type of contract.
It really sounds like a workers compensation attorney may be applicable here. I dont handle WC. However, feel free to contact me for a WC attorney that could suit your needs.
Re: can an employer make you retire
An employer in Florida is not required to hold your job for you beyond the protections provided under Federal Law. That usually only means 12 weeks of FMLA time and then they are free to fill the position. There is no common law retaliatory termination in Florida, but there is a retaliatory termination statute under workers comp. To meet this burden, you must show that your employer proactively took action against you because you pursued benefits under the statute, i.e. if they said "your fired because you sued us" or "your fired because you made our comp insurance go up" then you have a case that would be able to be pursued in circuit court separate from your comp case.
Beyond that just remember, a workers' comp case can stay open until the day you die as long as you see the authorized doctor at least every 12 months and the treatment continues to be related to the accident. Nobody can make you settle your claim if they don't offer you enough money. If they terminate you while the doctor still has you out of work, you will continue to receive lost wages from the carrier until the doctor says you have reached maximum medical improvement. It would be at that point that it would be determined if you were ever going to work again, or needed to file for disability.
Feel free to email or call if you need more information.
cb
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