Q. Can I be fired for an on-the-job injury?
A. In a roundabout way, yes. If you're hired for a specific job and then unable to perform those job duties due to the injury, your employer can let you go. An employer is not required to create a job to accommodate your restrictions in the State of Florida.
Q. If my employer creates a position to accommodate my restrictions due to the workplace injury, do I have to take it?
A. Yes. You must return to your workplace and attempt to perform the job your employer offers you, even if your employer changes your shift/work-week hours, wages, or department.
Q. What do I do if my employer makes me work outside of the restrictions that my doctor has assigned?
A. Explain to your employer that your doctor has restricted your ability to do whatever it is that he/she is requesting. If your employer insists, stop working. Call your doctor immediately to inform him/her of what your employer is attempting to do.
Note: Although the State of Florida allows 30 days from the date of accident to report a workplace injury, you should immediately report the incident to your employer. You have the right to medical care for your injury, and your employer or insurance comapny can authorize a medical provider. Please feel free to contact my office at 904-425-0038 to schedule one (1) free attorney consultation regarding your claim.
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