Can I Still Get Comp Benefits When I Return to Work?
Yes, if you qualify for temporary partial disability in Florida
By S.M. Oliva | Last updated on January 29, 2023Use these links to jump to different sections:
- Temporary Partial Disability Benefits
- You May Be Entitled to Additional Help
- Contacting a Workers’ Comp Attorney
Temporary Partial Disability Benefits

You May Be Entitled to Additional Help
Note that even if you are able to return to work under medical restriction after a workers’ compensation case, your employer is not obligated to hold your prior job open for you. However, the Family and Medical Leave Act is a federal law that applies to certain employers and guarantees up to 12 weeks of unpaid leave each year with no threat of job loss. “It has nothing to do with comp,” Stein says, “but it certainly has interplay with workers’ comp.” You also cannot be legally fired for filing a workers’ compensation claim. “It’s in violation of 44205, which says you can’t threaten, discharge or otherwise for the valid pursuit of a workers’ comp case,” Stein adds. “It’s very hard in this state for an employer to easily terminate an employee out on workers’ comp. If I’m representing an employer, I tell them never to terminate a person on their books. Just wait and see what happens when they come back.” If you find you cannot do the same type of work you did before your workers’ compensation injury, you may be eligible for free “reemployment services” from the Florida Division of Workers’ Compensation. “One requirement is that the individual has to be able to earn more than their pre-accident wages, so the re-training has to give them the ability to make more, which can be difficult,” Stein says. “The second is, as I understand it, there’s not a whole lot of money available for these services. I used to [help clients] do this all the time, but I’ve never had anyone approved.” These services include job counseling and retraining.Contacting a Workers’ Comp Attorney
If you have any questions about this or any other issue related to temporary partial disability benefits or workers’ compensation settlements, contact a qualified Florida workers’ compensation lawyer right away. If you’d like to know more about this area, read ouroverviews of workers’ compensation law and social security disability.What do I do next?
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