Have you been wrongfully terminated after a workman’s comp claim?
Unfortunately, Georgia is a right-to-work state or employment-at-will state. What that means is that your employer can legally fire you for any reason as long as it is not discriminatory. They can fire you because they do not like the color of your shirt or your attitude. They can even fire you for being injured on the job but they do so at their own risk because…
Being fired after a work injury is not the end of the world. Sometimes, being fired may actually help you get a better settlement.
It works like this. If you miss work after an injury, your employer has to pay you workers comp benefits. When you are released to light duty, your employer will offer you a light-duty job so that your weekly workers’ comp payments will stop. However, if you are fired, then your employer cannot offer you light-duty work and they have to keep paying workers comp benefits. The longer you are entitled to weekly payments, the bigger your settlement may be. Most likely, however, we cannot usually get your job back. You will need to find a new job with a new employer who will likely treat you better than the employer who fired you.
However, in order to be able to keep getting workers’ compensation benefits after being fired, you must be fired for reasons related to your job injury. If you get fired for insubordination or harassment, you cannot continue to receive weekly payments.
Many times, injured workers are fired for excessive absences after a work injury. This is exactly the scenario where you are actually being fired because of your work injury. Obviously, if you miss work because you are unable to work, you may get fired. Insurance companies will then stop paying benefits once you are fired without any investigation. Once we are hired, we can usually get benefits restarted because of the misunderstanding surrounding the firing. You must hire a lawyer to get you out of this mess, however.
It doesn’t seem fair but there is no law in Georgia to prevent an employer from firing an injured worker who is on workers comp. Unfortunately, many workers are fired after a work injury. That is why it is important to talk to a knowledgeable workers’ compensation attorney. You may be entitled to extended workers’ compensation benefits if you’ve been fired and are unable to find work.
If you were injured on the job and have been fired, a workers’ compensation lawyer from Parsons Law Group can help. With offices in Atlanta and Savannah, we have more than 25 years of experience standing up for injured workers. Contact Parsons Law Group to speak directly with Michael about your legal options. We offer personal service and we will return your call within 24 hours
What You Need to Know If You’ve Been Fired While Receiving Workers’ Comp
Georgia is an employment-at-will state. That means, unless you have an employment contract, an employer can fire a worker at any time for any reason as long as it is not for an illegal reason such as race, religion, sex, or other discriminatory reasons. An employer in Georgia should not fire an injured worker as retaliation for filing a workers’ compensation claim.
Employees injured on the job are entitled to payment of medical bills and income benefits for any days missed from work after seven days. You are entitled to benefits no matter who caused the accident. A company that fires a worker who is receiving workers’ compensation benefits and is unable to work may have to pay workers’ compensation benefits for a longer period of time if the fired worker cannot find other employment. Employers who fire workers cannot offer light-duty work which oftentimes, results in a much larger settlement.
An employer may wait until an injured worker receives a full-duty release from the doctor and then fire the worker because the employee would no longer be eligible for benefits. If this describes your situation, please let an aggressive workers’ compensation lawyer at Parsons Law Group review your situation. We may be able to help you obtain additional benefits or a large settlement.
Contact Our Workers’ Compensation Lawyer
If you’ve been dismissed in Georgia while you’re unable to work, seek experienced legal help. A workers’ compensation attorney at Parsons Law Group can help you receive the benefits you need and deserve. We have offices in Atlanta and Savannah. Remember, you don’t owe us a fee unless we obtain benefits for you.