Legal Question in Workers Comp in Florida

Terminated by employer after injured on the job.

I am currently released from work by my doctor due to a back injury that happened on 6-14-07. The plant manager notidied me on 6-19-07 that I was terminated. I am now in physical therapy and will most likely have surgery to fix a herniated disc. I am collecting workers compensation but what do I do when my doctor releases me back to work?


Asked on 7/20/07, 11:09 am

2 Answers from Attorneys

Nicole Hessen Rosenthal, Levy & Simon, P.A.

Re: Terminated by employer after injured on the job.

To properly answer this I would need to know more about the circumstances surrounding your termination. You may still be entitled to TPD benefits while on light duty with restrictions and the carrier should continue to pay you for same. Of course that also depends on circumstances surrounding the termination. Once you reach MMI when you are as good as you are going to get you will be entitled to your IB benefits regardless. Other than that you just search for work within your restrictions with other employer's. You may potentially have a 440.205 claim with regards to the termination. Also, you have the ability to settle your claim down the road as well.

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Answered on 7/20/07, 1:22 pm
Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: Terminated by employer after injured on the job.

Employment termination because you have a workers compensation injury may very well be a violation of state law. Your employer should also have given you a chance to apply for Family Medical Leave (if the employer is covered by the FMLA). All this assumes you will be able to return to the same job within 12 weeks and that you want to return to the same job. There may also be rights you need to know about under the Americans with Disabilities Act (ADA). I suggest you contact an attorney in your area to investigate all possibilities.

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Answered on 7/20/07, 2:17 pm


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