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The 120-day rule is a component of Florida's workers' compensation system that affects your benefits. Under this rule, employees must return to any suitable light duty work offered by their employer within 120 days after their injury. Failing to do so may impact your entitlement to wage-loss benefits. Utilizing a Florida Light Duty Assignment Request can facilitate your return and maintain your benefits.
The quick answer: no. In Florida, it is illegal to fire someone for filing a workers' compensation claim. Employers are required to have workers' compensation insurance that will help their employees who get injured at or because of their work.
If the employer cannot accommodate their work restrictions, or the employee returns to work but makes less than a certain amount, the carrier will also have to pay lost wages benefits.
Florida's Workers' Compensation Laws don't require an employer to hold a worker's job while he or she recovers from a workplace injury. However, these laws do prohibit an employer from terminating an injured worker if the action is retaliation for filing the workers' compensation claim.
There is a cap to these weekly benefits, as shown on the Florida Department of Financial Services website. Florida workers currently receive a maximum of $917 per week for temporary disability, and permanently injured workers receive 75% of this figure.
Within Palm County, the average settlement for all cases is $15,396 in Palm County. However, if there is an amputation involved, the average settlement jumps to $24,999. When there is a lesser injury, such as a burn, there may be no settlement at all.
How to calculate: Calculate two-thirds of your average weekly gross pay for the 13 weeks of earnings before your injury. In Florida, the maximum amount for temporary disability benefits is $971 a week.
Within Palm County, the average settlement for all cases is $15,396 in Palm County. However, if there is an amputation involved, the average settlement jumps to $24,999. When there is a lesser injury, such as a burn, there may be no settlement at all.
Florida workers' compensation law allows an injured worker to receive up to a maximum of 104 weeks of temporary compensation. The employee must remain on a "no work" statusor under limitations which an employer cannot accommodatein order for benefits to be claimed for the week. Medical benefits.
Generally, "light duty" refers to temporary or permanent work that is physically or mentally less demanding than normal job duties (EEOC, 1996).