Can I Fire My Workers Comp Attorney Florida

Tin can My Employer Burn Me While I Am On Workers' Comp?

If you lot take suffered an injury on the job, yous could miss several weeks while y'all recover. At get-go chroma, you are not too worried because yous know your employer has workers' compensation insurance. But equally you continue to think almost it, more questions emerge.

The most important question on your mind is probably whether your employer can fire you while yous are on workers' comp. Some of your friends at work accept decided not to apply for workers' compensation in the by due to fear that they will lose their job.

The most immediate answer to your question is no, your employer cannot fire you considering y'all have filed a workers' compensation claim. But of form, the situation is a little more complex. Your employer cannot burn down you on the footing of your merits solitary, but y'all can still be fired while you have a workers' compensation claim underway or are receiving workers' compensation payments if information technology is for a legitimate reason.

If your employer can bear witness in that location were other reasons you were fired or laid off, such as a history of poor performance reviews, planned layoffs at your company or that your job is important plenty to the bottom line of the company that you need to be replaced immediately.

If yous believe, however, that you have been singled out by your employer for retaliation and fired after making a workers' comp claim or receiving a workers' comp settlement, that is confronting the law.

How Does This Situation Apply to At-Will vs. Contracted Employees?

In Pennsylvania, most workers are either contracted or at-will employees. Hither is the difference:

• At-Will Employees: If y'all are an at-will employee, this means your employer can fire you lot at any fourth dimension, for any reason or even no reason at all. On the other hand, information technology also means you can exit the job at any fourth dimension, for whatever reason or no reason at all.
• Contract Employees: Contract employees, however, are in a dissimilar boat. About contract employees are nearly always working on a union contract. In well-nigh cases, these kinds of deals prevent your employer from terminating yous without merely cause as outlined in the agreement.

It is much easier for employers to burn down at-will workers on workers' compensation. Your boss is not going to come up right out and say, "I am letting yous go because you filed for workers' comp and we only cannot afford it." Virtually employers know this kind of honesty leads to very costly lawsuits. Instead, they look for a reason to let you lot become that allows them to deny they were firing you because of your workers' compensation claim.

As noted above, contract workers have more protections than at-will workers, just that still does not hateful they cannot exist fired if they are on workers' comp. Many contracts incorporate provisions that give your employer permission to fire you if y'all are going to be absent from the job for an extended menses, similar 6 months to a year.

Employers know dozens of means to fire employees, particularly at-volition employees. Information technology is incumbent on you to pay close attention to the style your employer reacts if yous file a workers' compensation merits. If yous sense that you are being fired only for that reason, this is very likely a retaliation termination, and you should contact a lawyer about filing a lawsuit.

If I Am a Skillful Employee Why Would My Boss Desire to Burn Me?

To quote a popular song from a few years ago, "It's all about the Benjamins." Money worries bulldoze many employers to discover "legitimate" reasons to terminate workers who have filed workers' comp claims. Firing employees who file for workers' compensation saves employers money in two means:

• Avoiding Workers' Comp Costs: While the state requires all employers to provide workers' bounty insurance to their employees, the price of that insurance is borne by the employers alone. This ways that whatever workers' bounty claim, particularly if y'all have suffered a serious work-related injury, can put a paring in your employer's pocketbook. This does not brand employers happy.
• Replacing Your Position: Your employer needs somebody in your task as soon as possible. Your boss may recall you lot are the virtually exceptional employee in the earth. And many times, that means your employer will hold your chore for you. If you are going to be absent, nevertheless, for many months or if you have to return to piece of work with restrictions that will prevent you from doing your task as you had previously done information technology, your employer may need to replace y'all. A long-term absenteeism in a critical position hits the visitor's lesser line.

Volition My Workers' Bounty Benefits Stop If I Am Fired?

The good news is no, you exercise non lose your benefits if you are fired. Your workers' bounty benefits practice not end whether your employer has fired you or laid yous off. The law requires that you continue to receive wage loss payments and medical benefits through your one-time employers' insurance company.

You will continue to receive these benefits until your doctor says you have recovered or reached what is known as maximum medical improvement.

If your employer has kept your task open for you until y'all return, and your medico says you are well plenty to return to work — with or without restrictions — merely you do not actually feel well enough and exercise not become back, you may be terminated and undermine your chance at future benefits. If y'all are in this situation, talk to an attorney correct away.

Can I Exist Fired If I Render to My Job With Work Restrictions From the Doctor?

In near cases, if you take piece of work restrictions that prevent you from doing your previous job, your employer can offering you an alternative position, but information technology does not have to pay equally much as your last position. If you turn it downwardly, this may create a trouble for other workers' comp benefits that can assistance yous find a new job.

Call back, nether workers' compensation rules and regulations, you but need to exist disabled or injured on the chore that you were doing at the fourth dimension. This is dissimilar from something like Social Security Insurance Disability benefits, where you have to bear witness you cannot perform whatever task for at least a twelvemonth. Thus, information technology may be easier for your employer to find a position that will conform your restrictions if they wish to keep you on staff.

Your employer, all the same, tin still burn you if you have work restrictions for the same reasons they could fire you lot fifty-fifty if you filed a workers' comp claim. They tin can also fire you if they are unable to accommodate your doctor's restrictions.

The good news, still, is that y'all take a decent hazard of having your workers' comp benefits reinstated. If the doctor gave you piece of work restrictions, it is much easier to testify you had not completely healed at the time of your termination at work. You are besides eligible for other workers' comp benefits, such as vocational training if your injury means you demand to await for a new kind of chore.

How Practise I Know If I Have Been Fired Simply Because I Filed a Workers' Bounty Claim?

Equally much as your boss might exist worried about money, they are still not allowed to fire you lot just considering yous have filed a workers' comp claim. Y'all need to be aware of the signs that this is happening, which include:

• Timing: How soon did your boss fire y'all after you informed them you are going to file a workers' compensation claim?
• Reaction: How did your dominate react when y'all told them near your workers' compensation claim? Were they aroused? Bellyaching? Did they try to talk y'all out of it?
• Situation: Are y'all the only employee being fired? Is the manner of your firing unusual for your workplace?
• Explanations: Does the reason for your firing go along irresolute or make no sense to you lot?
• Treatment: Later on y'all accept filed a workers' comp merits, take you lot noticed obstacles are being put in your way that volition either provide your employer with a reason to fire you or take you quit? Accept you been demoted? Have your responsibilities changed? Has your boss disciplined you for no apparent reason?
• Lies: Does your employer provide false bear witness to the state workers' bounty agency nearly your injury or to his insurance company that may atomic number 82 them to deny you a settlement?

When and How to File a Retaliation Claim or Lawsuit

If you suspect you have been wrongly terminated because yous take filed a workers' comp merits, you lot need to file a retaliation merits or lawsuit as soon as you lot can. Many states just provide a tiny window of a few weeks or a few months to file your lawsuit. If this is your situation, it is in your best interest to contact a lawyer immediately.

In this situation, information technology is essential that you document everything about your injury and employment situation. Remember to:

• Keep a file of all relevant documents about your medical status
• Impress all the emails between you and your employer and their insurance company that are related to your workers' comp claim
• Write down the names of everyone present during meetings with your employer and their insurance company, as well as whatever notes virtually what is discussed in the meetings

These documents and measures volition help you lot and your lawyer back up whatever lawsuit y'all may file.

How Can I Prove I Was Wrongfully Terminated?

In most states, including Pennsylvania, an employee who alleges they take been wrongfully terminated because they filed a workers' comp merits demand to prove all 4 of the following points:

• You lot were an employee of the company in question and entitled to receive workers' comp benefits
• You lot filed a workers' compensation claim
• You lot were fired or laid off subsequently yous filed your merits
• Your employer fired or laid you off because you filed a workers' compensation claim

This feat is not at all easy to do, especially on your own. Employers can be quite devious when information technology comes to finding reasons to cease employees. Every bit noted above, this is particularly the instance with at-volition employees. If you lot are injured severely enough that you lot cannot piece of work and need to file for workers' bounty, do not be afraid to practice information technology.

Working through an injury may look reasonable in the short-term but can cause several long-term health bug.

Should I Rent a Lawyer to Help Me?

If you genuinely believe y'all accept been fired while on workers' bounty considering of the claim, you should contact an chaser. A proficient lawyer tin go a long way toward a successful outcome in filing a lawsuit to protect your rights.

Remember, about states require you to file a retaliation claim confronting your former employer within a short period of weeks or months. This process can be confusing and frustrating on your own, and your boss's insurance company may have lots of experience in fighting these kinds of retaliation claims.

A lawyer will help you get together the needed documentation, file the appropriate paperwork on time, gear up your case and fight for you in court.

The Experienced Team at KBG Injury Constabulary Tin can Assist You Fight a Wrongful Termination

It's no piece of block to prepare everything you need to file a wrongful termination lawsuit. If you lot do not know what to practise — which almost people do not since they volition probably but practise this one time in their lifetimes — this procedure can announced to be daunting, complicated and confusing. Our squad of experienced and knowledgeable lawyers at KBG Injury Constabulary tin can help you determine the best course of action, and and so help y'all get in happen. Nosotros want to make sure you are receiving the results you deserve after yous accept been wrongly fired or laid off.

At KBG Injury Police, we see you lot a person who needs our assistance, and not just another client. Nosotros strive to treat each client individually and give them the attention they deserve. We empathize how a wrongful termination can affect you and your family emotionally and financially, likewise as how important it is to resolve the state of affairs as apace as possible.

Nosotros invite you to schedule a free consultation, where we can discuss your situation and decide how we tin can help you lot. Y'all can accomplish u.s.a. 24/vii past calling our toll-free line at 1-(800) 509-1011.

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