Can You Be Fired While on Workers’ Comp in Florida?
Yes, you can be fired while you’re on workers’ comp in Florida, but not because you filed a claim. Florida is an at-will state, and your employer doesn’t have to hold your job open while you recover. But firing you for filing, or trying to file, a workers’ compensation claim is illegal. In most cases your medical care and wage checks don’t automatically stop just because you lost the job. Here’s exactly what the law says, what happens to each benefit, and what to do if it just happened to you.
At-will employment vs. illegal retaliation
Florida’s retaliation law is one sentence long. Fla. Stat. § 440.205 says:
“No employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee’s valid claim for compensation or attempt to claim compensation under the Workers’ Compensation Law.”
Two statements from the Florida Division of Workers’ Compensation’s injured worker FAQ show where the line sits. First: “there is no provision in the law that requires your employer to hold the job open for you.” Second: “it is against the law to fire you because you have filed or attempted to file a workers’ compensation claim.”
So the question is always why you were fired. A genuine layoff, a position that was eliminated, or discipline that was documented before your injury can all be lawful reasons. Firing you for the claim itself is not.
What happens to your benefits if you’re fired
This is where most online answers get it wrong. Being fired doesn’t automatically end your workers’ comp. Here’s how each benefit is affected:
| Benefit | After you’re fired |
|---|---|
| Medical care | Continues. Nothing in the benefits statute ends authorized treatment because you lost your job. |
| Temporary total disability (TTD) (doctor says you can’t work at all) | Continues. The TTD rules in § 440.15(2) contain no termination cutoff. The usual limits still apply: 104 weeks or maximum medical improvement. |
| Temporary partial disability (TPD) (you’re on light duty or restrictions) | Continues unless you were fired for misconduct. Then TPD stops (§ 440.15(4)(e)). |
What counts as “misconduct”? Several websites say benefits end for “gross misconduct.” The statute doesn’t use that phrase. Section 440.02(27) defines misconduct as deliberate violation or disregard of the standards an employer has a right to expect, or carelessness so serious or repeated that it shows wrongful intent or a substantial disregard of the employer’s interests. An ordinary mistake, or being “slow” because of your injury, shouldn’t qualify. Whether a firing meets that standard is exactly the kind of dispute a judge of compensation claims decides.
Refusing light-duty work
If your employer offers a job that fits your restrictions and you turn it down, § 440.15(6) says you’re not entitled to any compensation while the refusal continues, unless a judge finds the refusal justified. Don’t refuse a light-duty offer without getting advice first.
Quitting while on light duty
If you leave the job without just cause, § 440.15(7) lets the insurer calculate your TPD as if you were still earning what that job paid. That can shrink or wipe out your check. Resigning is rarely in your interest mid-claim.
For how the checks themselves are calculated, see how much workers’ comp pays in Florida.
Signs your firing was retaliation
Employers rarely say “we’re firing you because of your claim.” Retaliation is usually proven through the surrounding facts:
- Timing. The firing came soon after you reported the injury, filed a claim or asked about benefits.
- A clean record. Good reviews and no discipline before the injury, then sudden “performance problems” after it.
- Shifting explanations. The reason changes, or doesn’t match what you were told at the time.
- Skipped steps. The company ignored its own warning or discipline policy for you but not for others.
- Comments. A supervisor complained about your claim, your doctor visits or insurance costs.
A retaliation claim is a separate lawsuit
Many injured workers assume their workers’ comp judge handles retaliation. It doesn’t. The Florida Supreme Court held in Smith v. Piezo Technology (1983) that a § 440.205 claim is a wrongful-discharge lawsuit brought in regular civil court, not in the workers’ compensation system.
- Deadline: The Florida Supreme Court has applied the four-year statute of limitations for statutory claims (Scott v. Otis Elevator, 1990). Evidence fades far faster than that, so act early.
- What you can recover: Lost wages, and because the court treats retaliation as an intentional tort, damages for emotional distress.
- What you can’t get: The same court held that § 440.205 doesn’t let a judge order your employer to rehire you. Several ranking articles still promise “reinstatement.”
Other laws that may protect your job
- FMLA: If your employer has 50 or more employees within 75 miles, and you’ve worked there at least 12 months and 1,250 hours, you may have up to 12 weeks of job-protected leave. When it ends, you must be restored to the same or a virtually identical position (U.S. Department of Labor). Your employer can count your workers’ comp absence as FMLA leave at the same time.
- ADA and the Florida Civil Rights Act: Employers with 15 or more employees generally can’t fire you because of a disability, and may have to provide reasonable accommodations.
Can you collect unemployment after being fired?
Not while you’re receiving temporary total or permanent total disability checks. Florida law bars those benefits for any week you receive reemployment assistance (§ 440.15(10)(a)). The state’s own FAQ explains that you have to be medically able and available for work to qualify for unemployment. If you’re on TPD, the two can combine: unemployment pays first and TPD tops it up, up to your TPD amount. A firing for work-related misconduct can also disqualify you from unemployment.
Will they ask you to resign as part of a settlement?
Sometimes. Settlement offers in workers’ comp cases can include a resignation or release of employment claims. Settlements are voluntary, and those terms are negotiable. If you have a possible retaliation claim, signing a broad release could give it up for nothing. Don’t sign anything until someone has reviewed it with you. Our Florida workers’ comp settlement chart explains how settlement values are built.
If you were just fired: what to do now
- Ask for the reason in writing, and write down exactly what you were told, when and by whom.
- Save everything: texts, emails, reviews, schedules and your injury report. Make a timeline.
- Keep every medical appointment. Missed treatment is the easiest excuse to cut benefits.
- Don’t turn down light duty or quit without advice (see above).
- Don’t sign a resignation, release or severance agreement until it’s been reviewed.
- Stay off social media about your job, your injury and your employer.
- Get help. The state’s Employee Assistance Office is free at (800) 342-1741, or talk with a workers’ comp attorney.
Frequently asked questions
Does my employer have to hold my job while I’m on workers’ comp?
No. Florida law doesn’t require it. But your employer can’t fire you because you filed or tried to file a claim, and the federal FMLA may protect your job for up to 12 weeks if you and your employer qualify.
Do my workers’ comp checks stop if I’m fired?
Usually not. Medical care and temporary total disability continue. Temporary partial disability stops only if you were fired for misconduct as defined in Florida law. Refusing suitable light-duty work can stop all compensation.
What counts as misconduct?
Florida defines it as deliberate disregard of the standards an employer can expect, or carelessness so serious or repeated that it shows wrongful intent. Ordinary mistakes generally don’t qualify.
How long do I have to sue for retaliation?
The Florida Supreme Court has applied a four-year limitations period to these claims. Evidence and witnesses fade quickly, so talk to a lawyer as soon as possible.
Can I get unemployment and workers’ comp at the same time?
Not with temporary or permanent total disability benefits. With temporary partial benefits, unemployment pays first and workers’ comp can supplement it.
Talk to a St. Petersburg workers’ comp lawyer
Jorgensen Law, P.A. has represented injured workers in St. Petersburg and across Pinellas County for more than 40 years. If you were fired after a work injury, we’ll look at both sides: protecting your benefits and whether you have a retaliation claim. The consultation is free, and you pay nothing unless we win. Contact us or visit our St. Petersburg workers’ compensation attorney page.
If you were let go while on comp, talk with a St. Petersburg workers’ comp attorney at Jorgensen Law, P.A. The consultation is free, and you pay no attorney fee unless we recover money for you. Call (727) 347-7733.
Legally reviewed by Sharon P. Jorgensen, Esq., Founder
