Florida has a reputation for being unfriendly towards workers’ compensation. According to the Florida Statutes, the goal of the Workers’ Compensation law is to protect the interests of employers and employees. However, this often leaves employees without the financial support they need in practice.
If you suffered a workplace injury, continue reading to understand how your employer might block your payments. Always consult with an attorney before taking any legal action.
Temporary disablement
When you become temporarily disabled, Florida only requires employers to provide temporary total or partial disability. In some cases, they provide a combination of both. For instance, you may receive total disability for a period, followed by temporary. However, benefits will stop after 104 weeks.
Permanent disability is not always permanent
Permanent total disability is also not guaranteed to last forever. Even if you suffered a disabling event at work, your employer might stop payments if you start working again. If you suffered a catastrophic accident that reduced your physical capabilities, employers do not have to pay for disability if you find sedentary work within 50 miles of your home.
In addition, if you refuse to work when capable of working, an employer does not have to continue disability payments. Employers have the legal right to medical testing once per year. If they find you capable of work, payments may stop.
Employers do not want to pay workers’ compensation if they do not have to. However, sometimes medical diagnoses are wrong and leave you unable to support yourself. Hire legal counsel if you believe your employer owes you compensation for a workplace injury.