The majority of Florida workers are protected through workers’ compensation. This means that if an employee is injured on the job or develops an illness due to their employment, they are able to recover benefits through workers’ comp to help with paying for the costs of illness or injury. Though this all souds great in theory, what actually happens if you quit your job? Will you still be able to enjoy those benefits? Resolution for workers’ compensation claims in Florida can end up winding down a long, complicated path. That’s why it’s so important to work with an experienced Florida workers’ compensation attorney in order to get the best possible outcome for your case. If you’re wondering about filing a workers’ compensation claim after quitting your job, here are some things to keep in mind.

Fundamental Tenets Of The Florida Workers’ Compensation System

Having a thorough comprehension of Florida’s Workers’ Compensation Program is key for employers and employees alike. The program is not just engineered to protect workers who are injured or fall ill due to their employment, it’s also designed to protect employers from potential lawsuits.

Requirements for Coverage In The State Of Florida

The majority of employers are required to carry workers’ compensation insurance in Florida. Florida Statutes Section 440.02(17) states that employers in the consturction industry who have or more employees, and employers in non-construction industries with four or more employees are required to provide workers’ compensation coverage. If an employer fails to do so, they can end up incurring severe penalties, up to and including criminal charges and fines.

Available Benefits

Florida Statute 440.15 delineates various types of benefits that workers are entitled to, which vary according to the severity and nature of the injury. These benefits include but are not limited to:

Permanent Partial Disability: Ongoing payments if you suffer a permanent impairment
Temporary Total Disability: Compensation for lost wages during the time you are unable to work due to a work-related injury
Medical Benefits: Coverage of medical expenses related to the injury

Timeline For Filing When Quitting

Your eligibility for filing a workers’ compensation claim is essentially determined by the timing of when you were injured at work in relation to when you quit your job. Here are some situations that affect your workers’ comp eligibility:

If the injury happened before you quit: If you were injured prior to quitting, you should have the right to file a workers’ compensation claim as long as you meet other eligibility criteria. Normally in Florida you have up to two years from the date fo the injury to file a claim.
If the injury happened after you quit: If the injury happens after you already quit, things aren’t as clear-cut. While you still may be able to get compensation for your injuries, you will need an experienced Florida workers’ compensation attorney to help you navigate the choppy waters ahead.
Quitting due to an injury: This is another complicated situation. If you quit your job due to the injury making it difficult or impossible for you to keep working, you should be still eligible for workers’ comp. However, you must document the injury properly and may have to prove that it is a valid claim and not fraud.

Contact Us Today

Filing for workers’ comp after quitting, even if your injuries were the reason you quit, can quickly turn into a complicated endeavor. You will need an experienced workers’ comp lawyer on your side to help you navigate the case. Call Asnis Srebnick & Kaufman to consult with a top Florida workers’ comp attorney today.