How Termination for Misconduct Could Impact Your Temporary Partial Disability
When a worker is injured it is very likely that he or she is under medical restrictions banning work temporarily. In such cases, the worker will usually remain home until healed, earning only 80% of his or her average weekly income. In addition to this income, the injured worker should also be paid Temporary Partial Disability benefits. However, if the worker is terminated after injury based on some misconduct, he or she may no longer receive those disability benefits.
If a worker is fired for misconduct, he or she may face a huge expense if the temporary partial disability benefits are not compensated. There are countless different scenarios where termination for misconduct could be incorrectly determined or wrongfully founded. Not only would that lead to an unfair termination and thus the loss of an income, it could seriously impact the worker when he or she is no longer able to receive the Temporary Partial Disability benefits that were originally his or her right.
Termination for misconduct may include a variety of issues. Misconduct may include behavior that willfully or wantonly disregards the employer’s interests or the standards of behavior the employer has a right to expect from employees. This could also apply to careless behavior or negligence that shows intentional disregard of the employer’s interests or the duties the employee has to the employer.
In Florida, misconduct in workers’ compensation cases usually relies heavily on the facts that apply to the situation and the evidence provided. Unfortunately, these “facts” can be very difficult pin down as absolutes. There may be an issue of he-said, she-said, or allegations of misconduct could be based on social media posts or online conversations. Any of these situations might turn a harmless comment into something far more serious, potentially leading to allegations of misconduct.
If you were unfairly terminated for misconduct and you fear your temporary partial disability might be in jeopardy, our workers’ compensation attorneys want to help.
Contact Law Offices of Adam Baron to schedule a free consultation with our firm.