Employment During a Workers' Compensation Claim

If you’ve been injured on the job, you may find a number of unexpected worries suddenly cross your mind. Besides dealing with the recovery of your health, you might find dealing with a worker’s compensation claim to be confusing and complex, but don’t let yourself become overwhelmed. If you find it a little scary to discuss the situation with your employer, insurance company, or government agency you are not alone, and an experienced workers' compensation attorney can be an invaluable asset on your side during the navigation of this difficult process.

Types of Injuries and Going Back to Work

Injuries on the job can be temporary partial, temporary total, or permanent total which involve a number of complicated differences. You may hear or see terms you’ve never been exposed to before, but they make a difference in your claim. Only a doctor can evaluate the level of your injury, an expected time frame that you might be able to return to work, and the nature of the work you will be able to perform, so be sure to discuss this information with your physician.

Some people become worried in the course of a worker’s compensation claim if their injury or illness is preventing them from immediately returning to work. During recovery, the injured person may feel pressured to return to work, not to file worker’s compensation, or to resign from their position. Sometimes the nature of the injury may not allow someone to return to the field in which they have previous experience. These reasons are an example of why it is so important to discuss your situation with your doctor and to know what your rights are under the workers compensation law.

For resume tips and more information about applying to new jobs during or after a worker's comp claim click here.

What The Law Says

Florida state’s workers' compensation laws (State Statute Chapter 440) provide workers with a great deal of protection against unfair treatment. Florida Law provides clear and indisputable protection for employees from being fired due to filing a worker’s compensation claim, in the event of “whistle-blowing” on their employer for violation of worker’s compensation law, and when searching for new employment during the course of an open claim.

This means that an employer cannot fire an employee because of a worker’s compensation claim, or force the injured person to resign. Depending on the level and permanence of the injury, an injured employee may choose not to return to their previous position, but it cannot be because the employer will not allow them to return.

If an employee, whether or not they have been injured, feels their employer is in violation of worker’s compensation law, they are protected from retribution if they choose to report the violation to any legal agency. If an injured employee feels that their employer is approaching their worker’s compensation claim unlawfully, or feels their claim is being ignored, they are granted rights to report their employer’s behavior without the fear of losing their job.

If an injured employee with an open worker’s compensation claim has chosen to leave the job where they were injured and seek employment elsewhere, the employers that they are applying with cannot discriminate against them based on the fact that they have an open claim. Their application for the position is required by law to be given the same consideration as all other applicants.

Because the provisions of the law and various types of injuries can be so complex, it is vital that if you feel your injury is due to conditions or activities at your work-place that you consult with an attorney as soon as possible. Worker’s compensation exists so that workers can expect not to lose wages or their job due to an injury, and the experienced work comp attorneys at the Coye Law Firm are practiced in helping workers from all industries across Florida understand their rights and the legal protections due to them in worker’s compensation claims.

 

Call 407.648.4940 or contact Coye Law Firm today for a free consultation about your case.

The expert injury attorneys at Coye Law Firm are experienced with Florida, New York, Michigan, and District of Columbia law and are here to help the injured.

Discover POWERFUL SECRETS and COMMON LIES of Florida Workers' Compensation 


If you are someone you know is struggling with the workers' comp process, get a FREE hard copy of my workers' compensation book and you will be squared away in no time!

From my book you will learn...

  • The one thing you MUST do within 30 days of a work injury (page 16)
  • How to fill out a First Report of Injury form (page 20)
  • The first step you need to take to receive wage loss benefits (page 54)
  • What medical decisions your employer can make for you (page 26)
  • How to protect your benefits after being placed on light duty (page 38)
  • How to deal with rude workers' compensation doctors (page 39)
  • Disastrous workers' comp traps to avoid (page 83)
  • Others methods to pay for your medical costs (page 45)
  • What "maximum medical improvement" means for a claimant (page 63)
  • ...and much more.

To receive your FREE copy, click here