Can My Employer Stop My Workers’ Compensation Benefits In Florida?

If you have been injured in an accident, call (954) 476-1000 to get a free consultation from a Fort Lauderdale Personal Injury Lawyer.

Yes, an employer can legally stop your workers’ compensation benefits in Florida according to the Florida Division of Workers’ Compensation. The circumstances where this would apply are if you are only temporarily disabled or if you are found physically capable of working.

In the case where you are only temporarily disabled, you would receive temporary total, temporary partial disability, or a combination of the two types of payments for no more than 104 weeks. After that time, the benefits are stopped.

An employee’s permanent total disability payments can be stopped if an employee is found to be physically capable of employment, even sedentary work, within a 50-mile radius of his or her home.

There are a couple of other situations that would stop, at least temporarily, the payment of workers’ compensation benefits:

The Employer’s Right to Conduct Medical Evaluations

According to Florida § 440.15, the employer or insurance carrier has the right to conduct testing or evaluations by the rehabilitation advisor. This right to conduct evaluations includes:

The right to conduct evaluations is limited to once per year. Requests for an assessment must be confirmed in writing, and the employee and the employee’s lawyer must have at least seven days notice.

If the medical expert conducting the evaluation offers testimony that you can return to work, the employer will have the right to terminate your right to workers’ compensation benefits.

Requirements for Florida Workers’ Compensation Benefits

The state of Florida requires employees to meet eligibility requirements to qualify for workers’ compensation benefits.

To reiterate, your employer can legally stop your workers’ compensation benefits in Florida. If your workers’ compensation benefits do not cover the full extent of your damages, or if a third-party is involved in your accident, a lawyer can help you understand your options. Contact the team at Chalik & Chalik Injury Lawyers at (855) 529-0269 today for a no-obligation review of your case.

Our team of dedicated Fort Lauderdale Personal Injury Lawyers can help with your Personal Injury case today. Get Free Case Review at (954) 476-1000 with a Personal Injury Lawyer in Fort Lauderdale.

Additional Frequently Asked Questions