Miami, FL asked in Workers' Compensation for Florida

Q: I qualified for workers' comp benefits after being injured at my construction job. A month later, they laid me off. Does

this mean I'll be cut off from my benefits? I did nothing wrong to warrant the termination.

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2 Lawyer Answers
Mitchell Feldman
Mitchell Feldman
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • TAMPA, FL
  • Licensed in Florida

A: We need more faxed to give you a better response here to your legal questions. Chapter 440 the Worker’s Compensation act under Florida law prohibits retaliation. Laying you off may or may not be some sort of form of retaliation. If you’re unable to do your job any further unless you’re covered under the family medical leave act there’s no obligation that an employer a hold the job for you. In either case I would definitely reach out to a Worker’s Compensation lawyer or an employment lawyer Or someone like myself and my partner who both handle these areas of law

Mitchell Feldman
Mitchell Feldman
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • TAMPA, FL
  • Licensed in Florida

A: However I didn’t complete my response which is that being laid off should not affect your entitlement to benefits under Chapter 4 40 meaning your benefits under workers comp law are not affected by the employer terminating your position and may actually require the insurance company to pay you disability wages if you are unemployed have not reached maximum medical improvement and have work restrictions and you’re unable to find a job within these work restrictions.

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