In the state of Georgia, at-will employees can be fired at any time for any reason as long as it is considered non-discriminatory. If you are injured on the job and you file for workers’ compensation benefits, it is still possible to be fired by your employer while you are out on disability or while you are performing “light duties” because of your injury.
It is legal for an employer to fire an injured employee for nondiscriminatory reasons in Georgia. In fact, at-will employers are not required by law to provide a reason for termination. This leaves room for employees who are recovering from a work-related injury to be wrongfully terminated.
The only instances where an employee may have a “cause of action” is if their employment contract was breached or if they were fired for discriminatory reasons. Under federal law, there is a list of protected characteristics. If an employer terminates an employee on the grounds of any of the protected characteristics, the employer will face ramifications for breaking federal law.
It is illegal to fire an employee in the United States for reasons including their:
You can file for workers’ compensation benefits to protect your physical and financial health while you recover from a work-related injury. If an authorized treating physician pulls you out of work for seven consecutive days due to an injury you suffered on the job, you are eligible for workers’ compensation through your employer — even after termination.
In the event that you are fired before you have a chance to file a workers’ comp claim, you would no longer be considered an employee. However, if you can prove that your injury happened on the job prior to your termination, you may still be able to collect workers’ compensation. If an authorized treating physician issued work restrictions, even if your employer was unable to accommodate (because you are no longer an employee), your employer (or their insurer) will still be required to pay your workers’ compensation benefits.
If you live in Georgia, you can collect the following workers’ comp benefits*:
*Please note that “pain and suffering” are not included in workers’ compensation claims.
In Georgia, it is illegal to fire an employee because they filed for workers’ compensation benefits. The good news is that in most cases you can continue to receive some workers’ compensation benefits even if you are terminated.
An experienced personal injury attorney in Georgia can help you understand workers’ compensation law and ensure you get the compensation you are entitled to after getting hurt on the job.
If you are still employed after being injured on the job and you have been collecting workers’ compensation benefits, do your best to not give your employer a reason to fire you. Most employers don’t want to get wrapped up in workers’ compensation claims, so they may wait to take action until you are back at work in some capacity.
When you do finally return to work, perform your job to the best of your abilities, show up on time and be respectful.
When you are injured on the job, your livelihood is at risk — especially, if your employer isn’t willing to do their part. If you believe you have been wrongfully terminated due to a work-related injury, our attorneys at Zdrilich Injury Law can investigate your claim and help you recover incurred medical costs or damages.
If your workers’ comp claim is denied, we will walk you through the administrative processes to appeal the denial and get you the compensation you deserve.
Contact our office in Duluth at (770) 931-9604 to learn more about our legal services.
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Zdrilich Injury Law is committed to helping injured Georgians receive the money they need to recover physically and financially after an accident.
Zdrilich Injury Law, LLC providers one-on-one representation to car accident, truck accident and workers’ compensation clients in Georgia.
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Pooler, GA 31322
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