You can lose your job while on workers’ compensation in Georgia in some situations. Georgia is an at-will employment state, which means your employer can fire you for any reason that is not illegal at any time, including while you are receiving workers’ compensation benefits for an injury suffered on the job.
The same rule allows you to quit a job without repercussions at any time and without reason. While you can lose your job, your employer cannot legally fire you as retaliation for submitting a workers’ comp claim.
You can learn more about your rights after a work-related injury with an Atlanta workers’ compensation lawyer.
You Can Lose Your Job While on Workers’ Comp in Georgia
Your employer cannot fire you for filing a workers’ compensation claim, but they can terminate you for other reasons while your claim is still open. However, if they do this, they must show why they fired you and that it was unrelated to your workers’ compensation claim.
Your employer may violate workers’ compensation laws by firing you for reporting a workplace injury. In this situation, you may have a valid wrongful termination claim that an Atlanta personal injury lawyer can help you handle.
How Can You Lose Your Job While on Workers’ Comp?
Georgia is an “at-will” employment state, which means your employer has the right to terminate your employment for any reason—or no reason. On the flip side, it means you would have the right to quit your job for any reason or no reason.
Reasons other than your workers’ compensation claim that you might lose your job could include:
- Poor or insufficient job performance
- Financial issues in the company unrelated to your performance
- Company restructuring
- If the employer no longer has a use for your job position
These are all legal reasons an “at-will” employee could lose their job. However, it is possible for your employer to feel more inclined to let you go because of your workers’ compensation claim. They would not admit to this, as it is illegal, but it might play a role.
You might assume that a work injury awards you extra protection from being fired, but this is not legally the case. If your employer does not fire you for being on workers’ compensation or filing your claim, they have the right to end your employment.
What to Do if You Lose Your Job on Workers’ Comp
If your employer fires you while you’re on workers’ compensation and you suspect your claim is the main reason—even if they give another reason—you should immediately contact a workers’ compensation lawyer.
If a lawyer finds that your employer terminated you because you filed a workers’ compensation claim and are receiving workers’ compensation benefits, you would have the right to sue for discrimination.
A workers’ compensation lawyer can help you understand the law and build a case on your behalf if you lose your job while receiving workers’ compensation benefits.
Retaliatory Termination
Retaliatory termination is when an employer fires an injured worker for filing a workers’ compensation claim or reporting a workplace injury. Most employers will not admit to doing this, and they will especially avoid telling the terminated employee the real reason.
They know that revealing you lost your job because of workers’ compensation is grounds for a lawsuit.
Therefore, contacting a workers’ comp lawyer is crucial if you believe you have lost your job due to reporting your work injury or bringing a workers’ compensation claim. A lawyer can help you investigate the situation and gather evidence to show the employer’s discrimination.
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What Happens to Your Workers’ Compensation Benefits if You Lose Your Job?
You might worry about what happens to your benefits if you lose your job while on workers’ compensation. Workers’ compensation provides wages even when you cannot continue working due to injury. Those benefits allow you to continue paying for living expenses and other costs resulting from your condition.
If your employer fires you after you have begun receiving benefits from a workers’ compensation claim, it does not typically affect your legal right to those benefits. Since your injury happened while you worked, you should still be covered until you fully recover.
Once you fully recover, your doctor will give you the clear to return to work, including any restrictions you may have. You can send a copy of your release documents to your employer, who may allow you to return to work. However, you should continue receiving your workers’ compensation benefits even if they do not.
What Happens After You Heal from a Job-Related Injury?
If you are recovering well after your work injury, your doctor may clear you to return to work. You might be given certain restrictions compared to the degree of work you could do before. For example, your doctor may give you a lot of specific activities you shouldn’t do until you fully recover.
Even if you return to work while recovering, your employer may still pay you workers’ compensation, especially if they gave you a different job to accommodate any disabilities.
Again, it might seem like these changes give you added protection from losing your job. Unfortunately, you can still get terminated if your employer offers a reason beyond your claim.
What if You Return to Work on Restrictions and Then Lose Your Job?
If you suspect the reason is related to you being on workers’ compensation and you can prove it, it’s time to consider legal action against your employer. Call John Foy & Associates in Georgia to discuss the situation and build a case in your defense of employment.
Can You Get Workers’ Comp Benefits?
Workers’ compensation will likely cover you if you sustain an on-the-job injury. According to the State Board of Workers’ Compensation, all employers with three or more employees in Georgia must carry workers’ compensation.
However, many employees are afraid to file a claim for fear of losing their jobs while on workers’ compensation.
An experienced attorney can help you understand your legal options if your employer fired you after you filed a workers’ comp claim. You can learn how to find a good workers’ compensation lawyer in Atlanta today.
What Does Workers’ Comp Cover?
Filing a workers’ comp claim can help you get the money you need to cover your medical bills after an accidental injury. The system may also cover 66% of your average weekly wages.
In some cases, you may receive partial or total temporary disability benefits, depending upon the severity of your injuries. You can get professional legal representation to ensure you understand the benefits available through the workers’ compensation program.
Talk to a Workers’ Compensation Attorney for Free Today
Can you lose your job while on workers’ comp? Yes, your employer may terminate you after you file a claim if they don’t display discrimination. Besides the pain and costs of the injuries, you have the added worry of losing your job for any reason during the process.
If you lose your job after you’ve filed a workers’ compensation claim and suspect your employer let you go because of the claim, contact our workers’ compensation lawyers at John Foy & Associates as soon as possible. We understand Georgia’s employment laws and can share our knowledge with you.
Our workers’ compensation lawyers have supported injured workers with their claims for over 20 years. We can help you build a strong claim and ensure you aren’t taken advantage of at any point during the process. Call or contact us online to schedule a FREE consultation with a lawyer dedicated to your case.
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