Legal Question in Workers Comp in Florida

if you are out of work due to a work related injury, can you be fired at that time? I know that Florida is what they call an "at will state" and one can be let go for no reason at all.......

All my bills that are being incurred are being paid by workmen's comp. insurance


Asked on 7/24/10, 2:54 pm

1 Answer from Attorneys

Jane-Robin Wender Wender Law, P.A.

They can't fire you in retaliation for filing a workers' compensation claim but they can fire you if you are taken off work or restricted. In other words, they don't have to hold your job for you. If you have work restrictions and the employer terminates you, so long as you were'nt terminated for misconduct, you are entitled to 64 to 66 2/3 of your average pay, depending on your work status, Workers' comp won't willingly tell you this so you probably need an attorney to assert your right to the lost wages.

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Answered on 7/24/10, 7:25 pm


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