Experiencing a workplace injury is challenging enough without the fear of losing your job. Unfortunately, getting fired while receiving workers’ compensation is a valid worry for injured employees throughout Georgia. How can you protect your rights while accessing the benefits you’re entitled to?
Under Georgia’s workers’ compensation laws, qualifying employees injured on the job have the right to medical care and wage-replacement benefits while they recover. Unfortunately, employers sometimes retaliate against workers for filing a claim by firing them. If you’ve been wrongfully terminated after a workplace injury, you don’t have to face this battle alone.
The Law Offices of William F. Underwood, III, P.C. fights to help injured workers throughout the state. Thanks to years of experience as Georgia work injury attorneys, our team can explain your rights under Georgia wrongful termination and workers’ compensation laws and discuss your next steps.
Georgia’s Workers’ Compensation Laws
Workers’ compensation in Georgia provides financial and medical support to employees who suffer on-the-job injuries or illnesses. This no-fault system protects workers so they do not experience undue hardships while they heal.
Georgia’s workers’ comp benefits include:
- Medical benefits – You have the right to receive treatment for your injuries. Workers’ comp benefits include doctor visits, hospital stays, prescriptions, and any necessary surgeries.
- Partial wage replacement – When you cannot work due to a job injury, you can receive compensation for your lost wages. This typically covers two-thirds of your pre-injury average weekly wage.
- Disability benefits – You can receive disability benefits for long-term or permanent disabilities caused by a work injury.
To qualify for benefits, your injury must be work-related. That means it occurred while you performed job tasks, not on your lunch break or daily commute.
Wrongful Termination While on Workers’ Compensation
Injured workers often ask whether they can be fired while receiving workers’ compensation. The simple answer is yes — but only under certain circumstances.
Georgia is an at-will employment state, meaning you can be fired for any lawful reason at any time. Termination simply because you filed a workers’ compensation claim or while you’re recovering from a workplace injury is called retaliation. It’s also illegal in Georgia.
In contrast, termination may be lawful if it is unrelated to the workers’ compensation claim. For example, if your employer can prove that your termination was due to reasons like poor job performance, company restructuring, or misconduct unrelated to the injury, that may be legal.
However, sometimes employers use those reasons as a pretext for retaliation. If there’s evidence that you were fired because of your workers’ compensation claim, you may still have grounds for a Georgia wrongful termination suit. A knowledgeable attorney can help you determine whether you were wrongfully terminated and help you file a claim.
Can I Still Receive Workers’ Compensation Benefits After Being Fired?
Your workers’ compensation benefits will remain in effect until the stated expiration date. Losing your job should not change that. If your injuries entitled you to vocational rehabilitation benefits, you should continue to receive those benefits to help with job retraining if you cannot return to your current line of work.
If your workers’ comp benefits ceased after termination, consult an experienced Albany workers’ compensation attorney to determine whether an error occurred and how to correct it.
Evidence a Worker’s Compensation Attorney Can Use for Proof of Retaliation
If you suspect you were retaliated against for filing a workers’ compensation claim, gathering evidence is the best way to support your claim. Your attorney can help you build a strong claim through:
- Documentation – Records of your injury, including the original workers’ compensation claim paperwork, the termination notice, and all communications you had with your employer or their workers’ compensation insurer can support a wrongful termination claim.
- Get witness statements – If any coworkers witnessed retaliatory statements or overheard conversations about your claim, your lawyer can get statements about what they saw and heard.
- Employment records and company policies – Your employer’s policies on workers’ comp claims and termination could be relevant to your case if there are inconsistencies.
You may have other avenues for compensation depending on how your workplace injury occurred. Talk to your attorney about whether any third-party personal injury claims could apply to your case.
Frequently Asked Questions (FAQs)
Here are some of the most common workers’ comp retaliation questions we receive:
Can I be fired for filing a workers’ compensation claim in Georgia?
No. It’s illegal for an employer to fire you simply for filing a workers’ compensation claim. Firing an employee solely for filing a claim is considered retaliation and may be grounds for a wrongful termination lawsuit.
Can I still receive workers’ compensation benefits if I’m fired after a workplace injury?
You may still be eligible for benefits even after termination. The most important factor is that your injury occurred while on the job.
What kind of financial compensation can I receive if I’m wrongfully terminated after a workplace injury?
If your wrongful termination claim is successful, you may be entitled to compensation for:
- Lost wages
- Emotional distress
- Back and front pay
In particularly egregious cases, you may be eligible for punitive damages. This is a rare outcome. An experienced attorney will review your claim and explain which compensation you’re most likely to receive.
How long do I have to file a wrongful termination claim in Georgia?
In Georgia, you typically have 180 days from the date you learned about the discrimination and retaliation to file a wrongful termination complaint with the Georgia Commission on Equal Opportunity.
Contact Our Georgia Work Injury Attorneys Today
We know it’s scary to lose your livelihood when you’re hurt. If you were fired while receiving workers’ compensation in Georgia, contact the Law Offices of William F. Underwood, III, P.C. to learn your legal rights. Fill out our online form today for a free consultation and case review.
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