Close Menu

What Happens if Your Job Ends During Your Workers’ Compensation Claim Process?


Jobs come and go as we all know. While some people end up staying in the same position at the same company for several decades, others migrate between employers whether the change is due to a better title, pay increase, or even just a change of scenery. Whatever the reason, a lot of injured workers face tough questions in this situation. The most serious of these is often wondering whether any employment-related shifts can impact any workers’ compensation benefits you may be owed.

What Does My Employer Have to Do if I’m Injured at Work? 

Fortunately, injured workers in the Sunshine State are generally entitled to workers’ compensation benefits regardless of fault because most employers are required to carry this special type of insurance. That means injured workers can usually recover compensation for lost wages, medical treatment, and other related expenses. But unfortunately, the benefits of workers’ compensation do not mean that you are guaranteed to keep your job or to have future employment. Under Florida workers’ compensation laws, your employer is not required to hold your job for you for a specific time period when you are away from work due to your injuries. Many employers will keep your job available but will eventually need to fill your position, especially if it becomes clear that your work restrictions will prevent you from returning to work for an extended period of time.

Can My Employer Terminate Me During the Workers’ Compensation Process?

Importantly, your employer cannot fire you in retaliation for you filing a Florida workers’ compensation claim. However, that doesn’t mean that you can’t generally be fired at will. And if your employer can show that there were legitimate reasons for terminating you that had nothing to do with your workers’ compensation claim, you most likely won’t have any option for legal recourse.

On the Other Hand, What About Quitting?

If you have a workers’ compensation claim that you are still fighting for, it is strongly advised that you speak to an experienced workers’ compensation attorney prior to quitting your job. In theory, your entitlement to workers’ compensation benefits would not be affected at all by quitting your job. But in reality, if you quit your employer may choose to contend any number of scenarios that could impact your entitlement. Fortunately, compassionate and knowledgeable attorneys like the ones at Payer & Associates can help you through the complicated process of protecting your right to benefits during a job change.

Contact an Experienced Workers’ Compensation Attorney Today

 Whether you believe you are being treated unfairly by your employer or are simply wondering exactly what your legal rights are, you should communicate with an experienced legal team right away so you can ensure your rights are protected. As the Miami workers’ compensation attorneys at Payer & Associates, we are well-educated in handling the claims of injured workers from beginning to a successful end. We can explain your legal rights and answer any questions you have in an initial consultation without you facing any kind of charge or obligation. To learn how we can help you, contact us today for a free case evaluation.

Facebook Twitter LinkedIn