Do i qualified for lost wages under workers comp in florida .

Asked almost 2 years ago - Kissimmee, FL

if the employer fired me still under the doctors treatment from my injury

Additional information

and yes fired because i file for w.c. benefits
and still on light duty.but still don't know if i can get unemployment because am still under treatment
but injury did not affect my function and performance ability to do part of my work, also this has been my second W.C. claim with this employer

Attorney answers (4)

  1. Kenneth Brian Schwartz

    Contributor Level 15

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    Answered . The answer is: it depends. One would need to know what restrictions you had from your authorized treating physicians, whether you were fired for "misconduct" (as defined by the w/c statute), whether you presently have an inability to earn as much as before the accident, whether there is a causal connection between any such inability to work and the compensable injuries, what your pre-accident average weekly wage was, and what your current earnings are, if any. It's a very fact-intensive inquiry, and you should go get a free consultation from a local workers' comp attorney to discuss all of these things. Also, if you were fired because you've sought workers' comp benefits, you might have a suit outside of w/c for retaliatory discharge. Again, consult a lawyer about this.

  2. Robert Cory Schnepper

    Contributor Level 6

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    Answered . If you were fired, as you say, because you filed for workers' compensation benefits, then under Florida Law if you were unable to do your old job, which you did prior to your injury, due to the doctor's restrictions or limitations, then you ought to be able to collect compensation benefits after being fired, unless you were fired for misconduct (and even then, the employer/carrier would have to prove the misconduct - and filing a claim is not misconduct). You might also be able to collect unemployment compensation, for being fired, again if not for misconduct, but any amount you get in unemployment would credit, dollar for dollar, against any workers' compensation benefits, you may be eligible to get. Also, if you can prove you were fired for filing a compensation claim, you may also have a claim for that, which is over and above any workers' compensation benefits you may otherwise be eligible for. I would suggest you consult with an expert in workers' compensation, to discuss the details of what benefits you may be entitled to receive, and how you could proceed at this time.

  3. Dennis Alan Palso

    Pro

    Contributor Level 12

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    Answered . Florida law provides that you cannot be fired for making a valid claim for workers' compensation benefits. Section 440.25, Florida statutes provides that "no employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers' Compensation Law." However, it is your burden to prove that you were fired for attempting to claim workers' compensation benefits and that is often difficult to do because employers do not tell you that is why you were fired. If you were not fired for misconduct, you may be entitled to Florida workers' compensation temporary partial disability benefits, which is sort of a lost wage benefit, if you show that you are unable to earn at least 80% as much as you did before you were injured and that you have not yet reached your maximum medical improvement (MMI) meaning that your doctors have not yet decided that your injuries have improved as much as they are going to. Once you have reached the status of MMI, there really is no lost wage benefit under the Florida workers' compensation laws but there is a permanent total disability benefit if you can show that you are unable to perform any jobs within a 50 mile radius. There are many excellent board certified workers' compensation attorneys in your area who represent only injured workers and I recommend you consult one of them.

    Disclaimer: the above does not constitute legal advice and is only an opinion of the author as to current law.... more
  4. David J. McCormick

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Agreed, it depends. Why were you fired? You need to talk with a local worker’s comp. attorney sooner rather than later.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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