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Can I change jobs while being treated for a work related injury?

Jacksonville, FL |

I no longer want to remain with the company I am with and would like to switch jobs without loosing my workman's compensation?

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Attorney answers 4


I ran your question by West Palm Beach workers' comp attorney Kenneth Schwartz. His reply to my email to him is below; but, by way of disclaimer, let me say that he did not know that his answer to me was going to be fed directly to this forum. Neither he nor I are giving you specific legal advice to follow. We are just providing general Florida legal info for educational purposes.

His reply was:
Yes, you can change jobs freely and the employer/carrier remain liable as if nothing has changed. There are some things that are triggered by the job change, though, such as a requirement that the injured worker notify the former employer of new work if s/he is rec'g TPD benefits at the time of the change. The statute actually requires an affidavit in that instance, but I've never seen any claimant ever submit one in all my years in comp (and no one really cares that no one complies). The notification is needed so that the e/c knows how much TPD to pay, given that there is an 80/80 rule that includes in the calculation actual wages earned.


In general, you are permitted to change jobs while being treated for a work injury. However, I would highly recommend that you talk to an attorney before doing so. Let me know if you need a referral to a Florida workers' compensation attorney.


You can change employers without losing your workers compensation benefits. I should caution you that while you are with your current employer, if you have to miss a few days for a medical procedure resulting from the workers comp injury, you are okay. The employer is generally not going to be able to fire you. If you start a new job and a month in to the new job you require time off for a procedure, you could lose your job. The new employer is not required to accommodate you during the probationary period.


You are free to change employment and the carrier still remains responsible for medically necessary and causally related treatment. The only issues you may face are the possibility of a change in duty which may affect your limitation level and subsequently your entitlement to wage loss indemnity. On a practical note, it is often required that you resign your position at the job where you were injured if you enter into a settlement agreement. A change in employment would alleviate any worry you may have in resigning, as you have already done so.

If you have any questions, I would recommend that you contact an attorney.

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