“Misconduct” Can Jeopardize Workers’ Compensation Benefits

If their application is approved, Florida’s workers’ compensation system allows an injured employee to potentially receive two types of benefits: medical care at little to no cost, and compensation for lost wages (for example, Temporary Total or Partial Disability status). However, if the injured worker later loses their job due to “misconduct,” they may lose their benefits as well. If you are in this situation, the right attorney can help clarify matters.

May Lead To Revoked Benefits

It is important to keep in mind that a Florida employer is not required to keep an injured employee’s job ‘open’ for them, particularly if their injury will take a long time to heal. However, they cannot terminate someone simply for being out for a short period of time, or for filing a workers’ compensation claim. Termination for these reasons is seen as retaliation, and may be both civilly and criminally actionable. They can still terminate an employee for cause.

While an employee is out on workers’ compensation leave, they are entitled to receive a certain percentage of their average weekly wage as compensation for lost wages. This is known as Temporary Partial/Total Disability (TPD/TTD) benefits. Florida law holds that while this cannot be taken away while the person is still employed, it can be revoked if the injured worker is terminated for “misconduct.” Depending on the employer, this can open the proverbial can of worms for an injured worker.

What Constitutes ‘Misconduct?’

As one might imagine, having one’s workers’ compensation benefits revoked while they are still in the middle of physical recovery will be catastrophic for most people. In these instances, it may be possible to file suit alleging wrongful termination, particularly if the conduct in question may or may not actually meet the definition of ‘misconduct.’ The definition is laid out in the relevant statute, but there has historically been room for interpretation.

Florida courts have been fairly firm in asserting that one instance of violating company policy may constitute misconduct by the rules of the workplace, but it does not rise to the level of “willful or wanton conduct” needed here. “Repeated violations of explicit policies, after several warnings, are usually required.” If an employer is mistaken or malevolent, they may extrapolate their internal policy into legal fact, when this is just not the case.

Call An Orlando Workers’ Compensation Attorney

If you have been terminated for ‘misconduct’ and are scared of losing your benefits, do not immediately give up hope. An Orlando workers’ compensation attorney from the Hornsby Law Group can help answer your questions about the law in this situation, so you are better informed on your options. Call our office today to schedule a consultation.

Source:

myfloridacfo.com/division/wc/employee/injured-worker-faqs