My Boss Is Pressuring Me to Come Back to Work After My Workplace Injury in Tampa: Is This Legal?

After a workplace accident, it’s important that you take as much time as you need to fully heal. Rush back to work, and you may find that you’re aggravating your injuries and setting yourself up for failure in the future. But what if your boss is pressuring you to come back to work? Can they do this? Is it even legal under Florida’s employment laws? These are questions you might want to explore with an experienced workers’ compensation lawyer in Tampa.

Your Doctors Decide Whether You Can Go Back to Work

If your employer is pressuring you to go back to work, you might want to remind them that you don’t really make the decisions in this situation. Instead, you must follow the recommendations of your doctors. Since your employer is probably not a trained medical professional, they must also listen to what your doctors say.

If your employer seems skeptical about your medical situation, consider providing them with a doctor’s note. This should help ensure that everyone is on the same page in terms of your long-term prognosis and your back-to-work timeline.

Your Boss Cannot Fire You for Resting After an Injury

If you need time to rest, you have the right to wait before returning to work. Your employer is legally prohibited from firing you simply because you’re injured. Workers’ compensation laws in Florida make it illegal to fire someone simply because they are filing a claim. If your boss threatens to terminate you if you do not return to work, this is also prohibited.

If you’re experiencing this type of harassment, consider informing your workers’ compensation lawyer. You can also report the abuse to state authorities.

You Might Have to Return to Work on Modified Duties 

That being said, you might need to return to work if you can perform modified duties despite your injuries. Your employer may offer you an opportunity to return to work and perform these modified duties. If your injury will not worsen as a result of these modified duties, you may need to return to work.

While this might seem daunting, remember that working full-time will provide you with more income than workers’ comp alone. While workers’ comp only provides two-thirds of your normal income, you can earn your full, normal earnings by carrying out modified duties.

Speak with your doctor before returning to work, even if you think you can handle modified duties. Depending on the nature of your injuries, even subtle impacts and strains could affect your healing process.

Can a Tampa Workers’ Compensation Lawyer Help Me?

A Tampa workers’ compensation lawyer may be able to help if you’re being pressured to return to work. These legal professionals are extremely knowledgeable about your rights and Florida employment law. That said, you may have to return to work if your employer offers you a modified duty. Contact The Franco Law Firm today for further guidance.

Source: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.205.html