On Behalf of Rosenthal, Levy, Simon & Sosa | September 17, 2022 | Workers' Compensation
Getting injured at work can result in costly medical expenses and missed workdays as you heal from your injury. Depending on the nature and extent of your injury, you might be incapable of working for days, weeks, months, or years. It’s natural to be worried about what would happen while you can’t work and upon going back to work. Will you still have a job to go back to? Will your employer replace you? Will you get fired while receiving workers’ compensation benefits and are unable to work?
Fortunately, terminating an employee is unlawful while they’re out of work due to a workplace injury and receiving workers’ comp benefits. This is because employers are legally prohibited from retaliating against employees who sought workers’ comp benefits.
But while your employer can’t terminate you for filing a workers’ compensation claim, they can fire you for different reasons while you still have an open claim. However, if they go down this route, they must demonstrate that they terminated you and that their reason is unrelated to your claim.
Are There Valid Reasons For Firing Employees Who Are Receiving Workers’ Comp Benefits?
Provided that you’re employed at will, this means that your employer can legally fire you for any reason or no reason at all. But this also means that you can quit for any reason or no reason. You might also be legally terminated for the following reasons:
- Inadequate or poor job performance
- Company restructuring
- Financial issues within the company that are not related to your performance
- If your job position is no longer needed
These are all perfectly valid reasons that your employer can use to terminate you from your position. But it’s also possible that your employer feels inclined to fire you because you filed a workers’ compensation claim. This is obviously illegal, and they will not admit to this.
What Happens If I Get Fired While Receiving Workers’ Compensation Benefits?
If you get fired while receiving workers’ compensation benefits and are unable to go back to work and you suspect that your employer’s main reason is your claim, discuss your case with a Port St. Lucie workers’ compensation attorney right away. You may be able to sue your employer for discrimination based on retaliatory termination.
Retaliatory termination occurs when an employer terminates an employee for bringing a workers’ comp claim or reporting their workplace injury. As mentioned, employers will not readily admit to this and will do all they can to avoid telling you the real reason for your termination because they know that retaliatory termination is grounds for a lawsuit against them.
Consult with a Skilled Port St. Lucie Workers’ Compensation Attorney Now
Being injured and unable to work can be incredibly stressful and overwhelming in many ways. Aside from the cost of your injury and the pain and distress you’re feeling, you may also be worried about the possibility of losing your job. If your employer fired you after you have filed your workers’ compensation claim and you believe that your termination has something to do with your claim, reach out to Rosenthal, Levy, Simon & Sosa.
You can learn more about your rights and legal options by discussing your case with our Port St. Lucie workers’ compensation attorney. Contact us online or call 866-640-7117 to set up your free consultation.
On Behalf of Rosenthal, Levy, Simon & Sosa | March 12, 2025 | Car Accidents
If you were seriously injured by another driver’s negligence, you’d seek just compensation by filing a car accident claim with the at-fault driver’s insurance provider. While most claims settle out of court, others proceed to court – generally, because the involved insurance provider isn’t willing to engage in reasonable negotiations. If this is the position you find yourself in – and if you missed your court date – it’s time to take action, which includes reaching out for the skilled legal guidance of an experienced West Palm Beach car accident attorney.
Notify the Court Right Away
As soon as you realize that you’re not going to make your car accident court date, you should notify the court regarding the issue and make whatever alternative arrangements you can. There are certain underlying reasons that the court is very likely to understand and accept, including issues such as the following:
- Getting in an accident on the way to court
- Getting waylaid on the way to court, such as by a massive accident that stops traffic for an extended period
- Becoming seriously ill
- Having a sick child and no childcare options
- Experiencing a real emergency
The bottom line is that you need to let the court know why you didn’t show up sooner rather than later. The surest means of protecting your financial interests in a car accident claim – which, in turn, supports your most complete recovery – is working closely with a seasoned car accident lawyer from the start.
If You Don’t Address the Matter
If you don’t show up for your court date and you don’t resolve the matter with the court as quickly as possible, the presiding judge could issue a default judgment against you. This means that the other driver’s interpretation of the accident would prevail, and you could be on the hook for court costs and legal fees – in addition to their legal damages.
When you have professional legal representation on your side, you can count on your determined car accident attorney to do everything in their power to help ensure that you don’t face serious consequences as a result of missing your court date, which is one of those things that can sometimes simply happen.
Your Car Accident Lawyer’s Role
Your practiced car accident attorney will take on a wide range of critical roles when it comes to your claim, and this includes helping to ensure that you’re where you need to be when you need to be there. Other primary tasks include all the following:
- Gathering the evidence necessary to prove the other driver’s negligence, such as excess speed, impairment, or distraction
- Demonstrating the full extent of your related losses
- Engaging in skilled negotiations with the involved insurance company
- Being well prepared to fiercely advocate for your rights in court
An Experienced West Palm Beach Car Accident Lawyer Can Help
The accomplished car accident attorneys at Rosenthal, Levy, Simon & Sosa – proudly serving West Palm Beach – will leave no stone unturned in their focused efforts to protect your rights, including effectively addressing the matter of a missed court date. Learn more by reaching out and contacting us online or by calling us today.
Gerald A. Rosenthal
Retired
Since opening the firm now known as Rosenthal, Levy, Simon & Sosa more than 40 years ago, Gerald A. Rosenthal has been a dedicated champion of the everyday hero – police officers, firefighters, teachers, nurses, construction workers, farm workers, and more. Passionate about preserving the civil rights of laborers, he has fought tirelessly against giant insurance companies who deny the injured workers their benefits. It’s not just the lawsuit Rosenthal fights to win – he is driven by the opportunity to restore his client’s quality of life.
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