You probably have an idea of what happens after a workplace injury. You notify your boss, complete some paperwork and the employer files your claim.
That is basically how the start of a claim should unfold, but many things can disrupt this process, including a resistant or slow-to-act employer. Unfortunately, this can lead to employment-related hardships and loss of benefits.
The answers to these questions can help you understand your rights and your boss’s responsibilities under workers’ compensation laws.
Can your employer fire you if you are unable to work?
No, it is against the law for employers to fire or otherwise retaliate against an employee solely due to an existing or potential claim. However, if you can no longer perform your job duties, even after reasonable accommodations, grounds may exist for a lawful termination.
Does your employer have to hold your job?
Employers are not obligated to protect your position while you’re receiving benefits and healing. They are encouraged to offer light-duty work if possible, but it is not legally required. Again, however, they may not fire you in retaliation for seeking benefits.
What if your employer won’t report the injury?
Florida employers are required to report occupational injuries to their workers’ comp insurance carrier. If they refuse or fail, you may report the injury yourself and file a claim through the Florida Division of Workers’ Compensation, which is a potentially complicated process.
Workers’ compensation is invaluable to the Florida workforce, but it is not without potential complications or interference. If your employer is blocking you from filing a claim, accidentally or on purpose, experienced legal guidance can help protect your right to benefits.