Filing a workers’ compensation claim is supposed to help cover medical treatment and part of your lost wages while you recover.
But many employees worry that reporting a workplace injury could lead to retaliation at work.
Can your employer legally demote or fire you for filing a claim?
Georgia workers’ compensation laws address this concern directly.
Can I Be Fired for Filing for Workers’ Compensation?
Workers are hired “at will” in Georgia, meaning employers can terminate them at any time and for any reason unless a contract states otherwise.
It is not illegal for your employer to terminate you while receiving workers’ compensation benefits. But they cannot fire or demote you because you were injured, filed a workers’ compensation claim, or are receiving benefits.
What to Do If You’re Fired While on Workers’ Comp?
If your employer let you go after filing for workers’ compensation benefits, your termination could be due to retaliation. However, you will need evidence to prove your employer’s intent.
Some signs that your firing might be the result of retaliation include:
Timing
If your employer fired you shortly after you filed your workers’ compensation claim, it might be evidence that your termination was retaliatory.
Behavior Change
If your manager acted differently towards you after you filed your claim, that could be a sign of retaliation.
Unclear or Inconsistent Reasoning
If your employer provides an unclear reason or the explanation for your termination changes frequently, it could be retaliation.
Refusal to Discuss
If your employer refuses to explain why they fired you, retaliation might be why.
Contact a workers’ comp attorney immediately if you recognize these signs or have other reasons to believe your employer terminated you because you filed for workers’ compensation.
Can I File a Workers’ Comp Claim After Being Fired?
Yes. In most cases, you can still file a workers’ compensation claim even if you were fired after your injury.
Being terminated does not cancel your right to receive benefits for a work-related injury. If the injury happened while you were employed, you are still entitled to the same workers’ comp benefits, including:
- Payment of your medical bills
- Rehabilitation costs
- Temporary disability benefits if your injury prevents you from working
- Vocational rehabilitation if you cannot return to the same position or perform the same type of work
- Permanent partial or total disability benefits
Reach out to a Workers’ Compensation Lawyer in Albany, GA Today
Georgia law protects you from employer retaliation if you sustain a qualifying injury at work.
It also protects your right to workers’ compensation benefits even if the employer fires you legally. If you’re hitting roadblocks on the path to benefits, let Underwood Law LLC help.
Our experienced Albany workers’ compensation attorneys are here to review your claim, discuss your options, and pursue a fair resolution.
Contact us today for a free consultation.
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