Some individuals who are hurt on the job are afraid to file for workers compensation benefits. They’re concerned that they’ll be fired if they do so. Federal law prohibits employers from terminating workers out of retaliation for filing for these benefits. However, the person may face other circumstances that lead to the loss of the job. Workers Compensation Lawyers in Vero Beach FL can clarify these possibilities and represent the person if legal help becomes necessary.
Time for Recovery
The employer is allowed to lay the worker off permanently if the employee has to be away from the job for too long. Some employers would rather fill the position with a temporary worker and keep the employee on, but that is not always preferable. The Family and Medical Leave Act requires that employers keep the position open for at least 12 weeks. Workers compensation laws do not provide any protection in this area. Workers Compensation Lawyers in Vero Beach FL can explain these regulations further.
An employer also can terminate employees while they collect workers comp if several other employees are losing their jobs as well. The company is not prohibited from downsizing or required to keep the person’s job open if that job will no longer exist.
These situations can be enormously frustrating to somebody dealing with an injury and now facing the prospect of being unemployed. When the individual is able to return to full-time work, he or she should be able to receive unemployment benefits instead of workers comp to help supply some income.
Many employers try hard to jobs open for injured employees, especially if those workers have been effective and loyal to the organization. It is not always feasible for employers to do this, however, especially if the worker will be out for many weeks or even months. Even if the employee is permanently laid off or the job is eliminated, this person should continue receiving workers comp until full recovery from the injury is complete. If any problems with the claim arise due to the employment situation, lawyers from a firm such as Matheson, Horowitz & Devonmille are ready to assist.