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.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
