Missed Wages and Misconduct Under Florida Workers’ Compensation

Overview of Florida Workers’ Compensation Benefits

Florida Workers’ Compensation laws provide two main types of benefits for employees who have suffered a work-related injury: medical benefits and indemnity, or missed wage benefits. Medical benefits are offered at no cost to the injured worker. Indemnity benefits are designed to compensate for lost wages and are divided into two classifications:

• Temporary Total Disability (TTD): This applies when an authorized physician has placed the injured employee on a “no work” status.
• Temporary Partial Disability (TPD): This applies when the authorized physician allows the injured employee to perform “light duty” work, but with certain restrictions, such as “no lifting over 10 pounds.”

Eligibility for TPD benefits depends on several criteria. For instance, the injured worker may qualify if the employer does not have work available that fits the doctor’s restrictions, or if the employer offers light duty work that pays less than 80% of the worker’s pre-injury wages.

Impact of Termination on Indemnity Benefits

Sometimes, an injured employee under work restrictions may lose their job for various reasons. If the employee is on a “no work” status (TTD), losing the job—regardless of the reason—does not affect their entitlement to TTD benefits. However, for those receiving TPD benefits, the reason for termination can directly impact their eligibility for continued indemnity payments.

Misconduct and Benefit Eligibility

According to Florida Statute § 440.15(4)(e), if an employee is terminated from their post-injury employment due to misconduct, indemnity benefits are not payable. Section 440.02(18) further clarifies what constitutes misconduct, including:

• Willful or wanton disregard for the employer’s interests, shown through deliberate violation or disregard of expected standards of behavior.
• Carelessness or negligence that is so frequent or severe that it demonstrates culpability, wrongful intent, or intentional and substantial disregard of the employer’s interests and the employee’s duties.

Misconduct is considered an affirmative defense, meaning the employer or their insurance carrier must prove that the termination was due to misconduct in order to deny indemnity benefits. This standard was reinforced in Krysiak v. City of Kissimmee, 289 So. 3d 948 (Fla. 1st DCA 2020).

Clarifying Misconduct

Generally, a single, isolated failure to follow an employer’s policy does not rise to the level of misconduct for workers’ compensation purposes. As stated in Ash v. Fla. Unemp’t Appeals Comm’n, 872 So. 2d 400, 402 (Fla. 1st DCA 2004), repeated violations of explicit policies, especially following several warnings, are more likely to be considered misconduct. This interpretation is supported by Barchoff v. Shells of St. Pete Beach, Inc., 787 So. 2d 935 (Fla. 1st DCA 2001).

The definition of misconduct is intentionally broad and requires evaluation on a case-by-case basis. In practice, the insurance company must provide evidence that the termination was due to misconduct and not simply inefficiency, unsatisfactory performance, or a failure to meet workplace expectations.

Protecting Your Rights

If you or a loved one has been injured at work, are under light duty restrictions from an authorized physician, and face termination, remember that the burden of proof rests with the employer or insurance carrier to demonstrate misconduct. Mr. Masnikoff has dedicated over twenty seven years to ensuring that insurance companies do not wrongfully deny indemnity benefits, helping injured workers and their families continue to manage their expenses while undergoing treatment and unable to work.

If you find yourself in this situation, do not hesitate to reach out for help. Consultations are always free. We serve clients throughout Florida, and you can contact any of our offices at (561) 598-7122(561) 598-7122.