- workers compensation benefits
While there are safeguards in place to help maintain a safe environment for employees it does not guarantee that you won’t get hurt while on the job. It doesn’t matter if you are working construction, in a warehouse, or even at a desk job. Injuries happen. When injured on the job, employees have to deal with the physical pain of the injury, mounting questions regarding their rights and workers’ compensation benefits.
If you are out of work for a while, you are likely worried if your job will still be available after you return to work? You probably wonder how you will be able to provide for your family until you can go back to work. Some might even worry about getting fired because of the injury.
Firstly, there are laws in place to protect your wellbeing and your money while dealing with the aftermath of a work injury. There are medical leave and workers’ compensation benefits to just name a couple of the programs in place to safeguard workers. While these are in place to protect you, they don’t really answer the question of whether your job can be given away to someone else while you are recovering.
What Is Workers’ Compensation?
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who suffer work-related injuries or illnesses. When an employee sustains a work-related injury, they can file a workers’ compensation claim to receive various benefits. These benefits typically cover medical expenses, lost wages, and rehabilitation costs. The workers comp benefits are designed to support the injured worker during their recovery period without the need for litigation against the employer.
The process of filing a worker’s compensation claim involves several steps. Firstly, the injured worker must report the injury to their employer promptly. Following this, they need to seek medical care to document the extent of their injuries. The next step involves the employer filing the necessary paperwork with the state’s workers’ compensation board or agency. During this time, the injured worker should continue to receive medical treatment and keep records of all medical expenses and related documentation.
Workers compensation laws protect injured employees by ensuring they receive benefits and are not subject to wrongful termination due to their injury. These laws vary by state but generally provide that an employer cannot legally terminate an employee solely because they filed a worker’s compensation claim. This protection ensures that employees feel secure in seeking the compensation they are legally allowed to receive for their injuries. If disputes arise, an experienced workers’ compensation attorney can help navigate the complexities of the claims process and ensure the injured worker receives the benefits they are entitled to.
Can I Be Fired for Filing a Workers’ Compensation Claim?
Many might be concerned about getting fired for filing a workers’ compensation claim but this is not in the company’s best interest. While they certainly can fire you, this would open them up to incredible financial exposure but also to civil lawsuits and punitive damages. Filing a workers’ compensation claim should not result in termination, as laws are in place to protect injured workers from wrongful termination. If an employee is wrongfully terminated after filing a worker’s compensation claim, it may be considered retaliation, which is illegal. Workers’ compensation laws aim to protect employees and ensure they can report injuries without fear of losing their job. However, if a layoff occurs unrelated to the injury sustained, an employer may legally terminate the employee. In such cases, it is crucial to distinguish between wrongful termination and legitimate business decisions.
Under Florida Statutes Section 440.205, “No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law”.
If an employer terminates an employee because they filed a workers’ comp claim, the injured worker may have grounds for a wrongful termination lawsuit. These protections ensure that employees can seek the benefits they are entitled to without risking their employment. It is important for injured workers to understand their rights and seek legal advice if they believe they have been wrongfully terminated. Employers must adhere to these laws to maintain fair treatment and prevent retaliation against employees exercising their rights.
If you’re interested in learning more about what you should do when your Workers Comp gets denied, visit this page.
What Happens to My Workers’ Compensation Benefits If I Am Laid Off After an Injury?
Workers can be laid off while receiving payments. The question is what happens to the workers’ compensation benefits if you are injured on the job and then laid off or fired? Do you still receive them? The answer is yes. According to the law you still have every right to receive those benefits whether you are fired or laid off. You will still receive your lost wages and medical benefits because you were injured while working.
If you are laid off after sustaining a work-related injury, your legal right to receive workers’ compensation benefits generally remains intact. Workers’ compensation laws protect your benefits regardless of your work status. As long as the injury is the legal reason for the claim, you are entitled to continue receiving workers comp. An employment lawyer can assist if there are disputes with your employer or the insurance company regarding your workers’ comp claim. Ensuring you continue receiving workers compensation benefits is critical, and legal advice can help uphold your rights.
When Should I Return to Work After Becoming Injured on the Job?
This is determined by your doctor. When you are injured on the job, recovery can take a great deal of time and you must wait until you are healed or physically capable of performing your work duties gain. Ideally, you would want to wait for your maximum medical improvement while you are still receiving workers compensation benefits. It is going to take a lot of patience to get back to feeling 100%. Once you are partially recovered, the doctor might notify you that you can go back to light duty work but with restrictions and limitations. The doctor likely will come up with a list of appropriate restrictions based on the type of job and the type of work you do.
It is important to have open communication with your employer about your progress and provide them with any documentation the doctor gives you with regard to returning to work. Once the paperwork is in hand, the employer can decide whether you can return to the job or not. Even if they reject the idea of you returning to work while partially healed, you will still receive your workers’ compensation benefits. If you’re interested in learning more about if you should speak to a lawyer first about workers compensation benefits, visit this page.
However, if the doctor has cleared you to return to work and your refuse, then your workers’ compensation benefits will stop. If you have questions regarding a workman’s comp case and would like answers, please contact our Work Injury Rights attorneys.
