Can you be fired while on workers’ comp in Florida?
Understanding Your Rights as an Injured Employee
It’s a scenario no employee wants to face: you’ve been injured on the job, filed a workers’ compensation claim, and are trying to recover—when suddenly, you’re terminated. It feels unfair. It feels wrong. But is it legal?
If you’re wondering whether you can be fired while on workers’ comp in Florida, you’re not alone. Many injured workers fear retaliation or job loss after reporting an injury. This article explains what Florida law says about employment during a workers’ compensation claim, your rights as an employee, and what you can do if you’re terminated during the process.
Workers’ Compensation in Florida: The Basics
Florida’s workers’ compensation system is designed to protect employees who suffer work-related injuries or illnesses. Most employers are required to carry workers’ compensation insurance, which covers medical expenses and a portion of lost wages for qualifying injuries.
To receive benefits, you must report your injury to your employer within 30 days, seek medical treatment from an approved provider, and follow the process outlined by your employer’s insurance carrier.
But once you’ve filed a claim, what protection do you have as an employee?
Can You Be Fired While Receiving Workers’ Compensation?
The Short Answer: Yes—But with Limitations.
Florida is an at-will employment state, which means your employer can terminate you at any time, for any reason—as long as that reason is not illegal.
This includes employees who are receiving workers’ compensation benefits. However, employers cannot legally fire you in retaliation for filing a workers’ compensation claim. If they do, that’s considered wrongful termination, and you may have grounds for legal action.
Legal vs. Illegal Termination: What’s the Difference?
Here’s the key distinction:
- Legal Termination: Your employer eliminates your position due to company downsizing, performance issues unrelated to your injury, or a business closure.
- Illegal Termination: You’re fired because you filed a workers’ compensation claim or your employer wants to avoid paying benefits.
Proving illegal retaliation can be challenging, but it’s not impossible—especially with help from an experienced attorney.
Employee Rights Under Florida Law
As an injured worker in Florida, you have specific rights, including:
- The right to file a workers’ compensation claim without fear of retaliation
- The right to medical treatment covered by your employer’s insurance
- The right to wage replacement benefits if your injury prevents you from working
- The right to appeal a denied claim
If you believe your termination was directly tied to your injury report or claim, you may also have the right to file a separate retaliation claim under Florida law.
Employer Responsibilities
Employers in Florida must:
- Report injuries to their insurance carrier within 7 days
- Not interfere with, discourage, or retaliate against employees who file claims
- Provide modified or light-duty work if available and recommended by a physician
Employers are not required to hold your job indefinitely, but they are prohibited from firing you as punishment for seeking benefits.
What to Do If You’re Fired While on Workers’ Comp
If you were fired while receiving workers’ compensation benefits—or shortly after filing a claim—take the following steps:
- Document Everything: Save emails, write down dates, and keep records of any conversations related to your claim or termination.
- Request a Written Explanation: Ask your employer to provide the reason for your termination in writing.
- Speak with an Attorney Immediately: A skilled workers’ comp attorney can help determine whether your rights were violated and what legal options you have.
You Don’t Have to Navigate This Alone
Navigating workers’ compensation claims in Florida can be complicated, especially if deadlines have passed or your claim has been denied. At Avera & Smith, we understand the challenges injured workers face, and we’re here to help you fight for the benefits you deserve.
Led by Board Certified Workers’ Compensation attorney and partner, Lance Avera, the work-comp team at Avera & Smith have helped thousands of injured victims get compensated and put their lives back in order. From gathering evidence to challenging unfair denials or retaliatory actions, our experienced team can guide you through every step of the process.
If you’ve been injured on the job, don’t wait. Contact us today for a free consultation and let us help you protect your rights. Time is of the essence, and we’re here to ensure you don’t face these challenges alone.
Request a free case review through our online form or call 800-654-4659 to speak with one of our attorneys.