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Do You Know the Rule? Fla. Trial Period of Reemployment

12 Aug, 2022 Frank Ferreri

                               

Tallahassee, FL (WorkersCompensation.com) -- Under Florida Rule 69L-22.013, which covers a trial period of reemployment, workers have a chance to get back on the job. However, the trial can come to an end, depending on how it goes. Under that rule, the trial period of reemployment shall:

  • Automatically commence on the date of hire
  • Be within the physical capabilities of the injured employee
  • Not be a result of coercion or intimidation

The rule provides that trial will automatically terminate:

1. When the injured employee is unable to perform the duties as a result of the permanently disabling condition, or

2. One year from the date of hire if the injured employee is able to work 50 percent of his normal pre-injury working hours with an earning capacity of at least 80 percent of his previous wage.

Following termination of the trial period of reemployment the carrier shall file a notice of action/change form DWC-4 with the Division of Workers' Compensation to report whether the return to work was successful. Form DWC-4 is incorporated by reference in Rule 69L-3.025.

Forms, email updates, legal, regulatory, and compliance information from Florida and 52 other jurisdictions across the U.S. can be found on WorkCompResearch.com.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law. Frank encourages everyone to consider helping out the Kind Souls Foundation and Kids' Chance of America.

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