Legal Question in Workers Comp in Florida

I fell and injured my kness yesterday afternoon at work. I received care at a hospital and was taken out of work for two days and then asked to see a physician after that. My employer called and requested I work out of my home for the two days. Can they do this? Can I legally be fired it I don't do this?


Asked on 9/15/10, 12:26 pm

1 Answer from Attorneys

Melvin Wright Colling Gilbert Wright & Carter

Without any further information, I'd recommend that you contact the employer and advise that the hospital took you out of work for 2 days and (if you feel you can't work at all), you should explain that to the employer. Then you should attempt to work at home (after those two days) until they are evaluated by a physician selected by the workers comp carrier.

The firing question brings up a separate issue. Florida is an at will state so they can fire employees for no reason at all. They can't do it for discriminatory reasons like retaliation after a work injury. That is illegal. The best course of action�to avoid any adverse employer action like firing is to maintain an open channel of communication about your recovery, work status, etc. Any further questions should be directed to an attorney.

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Answered on 9/20/10, 3:25 pm


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