Will I Lose My Florida Workers' Comp Benefits if I am Laid Off?

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Will I Lose My Florida Workers' Comp Benefits if I am Laid Off?

September 27, 2020

Florida is an “at-will” state which allows employers to fire any employee whenever they want.  For the most part, they can fire an employee for any reason as well. If you suffered a Florida workplace injury, and are currently receiving compensation from your employer’s Florida workers’ compensation insurance, you may be wondering what will happen if you are laid off of work while you are out recovering. It is certainly stressful enough to be out of work and trying to heal from an injury, but when you are laid off during the process the anxiety and strain of wondering how you will be able to make ends meet are very real. 

Stephen M. Andrews is an experienced Florida workers’ compensation lawyer who has more than 35 years of providing strategic legal counsel to those who need assistance with Florida workers’ compensation benefits. Stephen M. Andrews can help you and answer all of your questions related to your Florida workers’ compensation benefits and will help you manage your claim so that you sustain a favorable outcome.

What Happens If I am Laid Off While Receiving Florida Workers’ Compensation Benefits?

Will I Lose My Florida Workers' Comp Benefits if I am Laid OffThere is a difference between losing your job because you were terminated for poor conduct and losing your job because your employer has to downsize and as a result, you are laid off.  When an employer has “cause” or a reason to fire you based on actions you have taken such as misconduct or poor performance on the job, that will impact your ability to secure benefits.

However, if you did nothing wrong to jeopardize your job and you are still terminated, you may have a case where your employer acted in a retaliatory way towards you. If this is true, you can work with an attorney to have your rights and your benefits protected. However, if you lost your job due to a legitimate layoff, you may still collect your benefits. You may still be able to still sustain temporary disability benefits until you heal enough that you can go back to work in some capacity. These benefits would include help with wages and payments for medical expenses.

When your doctor has signed off that you have achieved maximum medical improvement, meaning you have healed as much as possible from your injury, but you are still impacted by the injury, then you may be able to be classified as permanently disabled. Depending on how severe your disability is, you will receive an impairment rating. This rating will be used to determine how much you can receive in from permanent disability benefits.

Speak with a Florida Workers’ Compensation Attorney Today

Connect with Stephen M. Andrews when you have questions about your Florida workers’ compensation benefits or after a workplace injury. Stephen M. Andrews will help you through the Florida workers’ compensation claim process. You don’t have to navigate the complex workers’ compensation process alone and you don’t have to bear the burden of fighting for benefits by yourself. You can call Stephen M. Andrews, a trusted and respected Tallahassee workers’ compensation attorney, and schedule a free consultation to discuss your case at (850) 906-9599. 

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