Work Comp Benefits after being terminated...

[DOC7685]

What is the name of your state (only U.S. law)? Florida

Hello
I am an RN in Florida. Had cervical fusion surgery in Oct. '13 for work injury occuring in Aug. '13. Been on "no work status" from WC appointed physician since day of injury and receiving wage reimbursement. I was just terminated on 5/30 b/c my official LOA has expired, and I am still unable to return (physician's orders). I understand that they can terminate me for this reason. My ? is, are my WC benefits/wages going to continue? I am unable to get a call back from my adjuster. My concern is that my termination letter read, "we are terminating employment b/c your LOA has expired and you HAVE NOT RETURNED to work." Are they trying to declare that it was my decision, in an attempt to terminate WC benefits? I received no letters re: change in status from WC dept. Do I worry for no reason?
Thank you

 

[Nellibelle]

What is the name of your state (only U.S. law)? Florida

Hello
I am an RN in Florida. Had cervical fusion surgery in Oct. '13 for work injury occuring in Aug. '13. Been on "no work status" from WC appointed physician since day of injury and receiving wage reimbursement. I was just terminated on 5/30 b/c my official LOA has expired, and I am still unable to return (physician's orders). I understand that they can terminate me for this reason. My ? is, are my WC benefits/wages going to continue? I am unable to get a call back from my adjuster. My concern is that my termination letter read, "we are terminating employment b/c your LOA has expired and you HAVE NOT RETURNED to work." Are they trying to declare that it was my decision, in an attempt to terminate WC benefits? I received no letters re: change in status from WC dept. Do I worry for no reason?
Thank you

Yes, you are worrying needlessly! Your WC benefits will continue as long as your doctor says you are unable to work (up to a certain point). If you recuperate from your injuries and are able to work, the disability benefits will stop. If you have any permanent impairment as a result of your injury, you should receive compensation for that as well.

If you don't have an attorney, you should get one because many employers will try to take advantage of employees that don't know their rights regarding WC benefits. For instance, once you receive disability benefits until you are able to work, they may disregard any benefits as a result of any residual issues you may have, knowing you are not represented and not aware of your entitlement to such benefits.

 

[quincy]

What is the name of your state (only U.S. law)? Florida

Hello
I am an RN in Florida. Had cervical fusion surgery in Oct. '13 for work injury occuring in Aug. '13. Been on "no work status" from WC appointed physician since day of injury and receiving wage reimbursement. I was just terminated on 5/30 b/c my official LOA has expired, and I am still unable to return (physician's orders). I understand that they can terminate me for this reason. My ? is, are my WC benefits/wages going to continue? I am unable to get a call back from my adjuster. My concern is that my termination letter read, "we are terminating employment b/c your LOA has expired and you HAVE NOT RETURNED to work." Are they trying to declare that it was my decision, in an attempt to terminate WC benefits? I received no letters re: change in status from WC dept. Do I worry for no reason?
Thank you

DOC7685, it is always a good idea to review any legal concern with an attorney in your area. No one here can definitively tell you that you have nothing to worry about without a personal review of all of the facts of your situation. To give you that type of reassurance without knowing all facts would be merely a guess.

We have a couple of experts on this forum ("cbg" is one) who will probably stop by shortly to accurately address your questions and concerns. I suggest you wait to hear from one of them.

 

[cbg]

It would be rare indeed for workers comp benefits to stop when employment does. In this particular instance I agree with Nelli on that point. I agree with Quincy, too, that you should be speaking with a workers comp attorney, but not because I think there's any chance of your w/c benefits ending because your employment did; because sooner or later you're going to need to negotiate a final settlement and it's better to have a lawyer do it for you. But there is no reasonable chance that your benefits will be dropped because your employment did.

 

[Ladyback1]

What is the name of your state (only U.S. law)? Florida

Hello
I am an RN in Florida. Had cervical fusion surgery in Oct. '13 for work injury occuring in Aug. '13. Been on "no work status" from WC appointed physician since day of injury and receiving wage reimbursement. I was just terminated on 5/30 b/c my official LOA has expired, and I am still unable to return (physician's orders). I understand that they can terminate me for this reason. My ? is, are my WC benefits/wages going to continue? I am unable to get a call back from my adjuster. My concern is that my termination letter read, "we are terminating employment b/c your LOA has expired and you HAVE NOT RETURNED to work." Are they trying to declare that it was my decision, in an attempt to terminate WC benefits? I received no letters re: change in status from WC dept. Do I worry for no reason?
Thank you

While, in theory, your benefits should not stop--SOME insurance companies/third party administrators are not "nice" and will attempt to use something like this to leverage a settlement.

At this point in your claim: Is there any indication that you will not be able to return to your time of injury position (due to physical limitations/restrictions)? Is there indication that you will have permanent work restrictions? Will those restrictions keep you from performing any sort of nursing duties?

You really do need to consult an attorney who specializes in work comp. Not only to make sure your ongoing benefits are protected, but that future benefits are protected.