Can You Be Fired for Filing a Workers’ Compensation Claim?

In most situations, no, you can’t be fired for filing a workers’ compensation claim. Laws protect employees who report a work-related injury or seek medical treatment after an accident.

While employers may act improperly, retaliation and wrongful termination for filing a workers’ comp claim are generally unlawful.

Still, employment situations vary, and other factors like company policies or performance reviews can affect outcomes. If you or someone you love is afraid of retaliation due to a claim, a workers’ compensation lawyer in Atlanta can protect your rights and answer your questions. 

The Short Answer: Generally, No, But It’s Complicated

Employees often wonder if filing a workers’ comp claim could cost them their job. The short answer is generally no, but the situation is not always straightforward.

Protections exist, yet the details of employment law, workplace practices, and company policies can make outcomes more complicated than they seem.

Understanding Workers’ Compensation Protections

Workers’ comp laws are designed to provide benefits such as medical care, wage loss payments, and vocational rehabilitation without fear of losing a job. Employees who file a compensation claim are engaging in a protected activity under employment law.

Filing a claim signals that an employee is exercising their rights to medical treatment and support following a work injury.

The Concept of Retaliation and Its Illegality

Employer retaliation, such as demotion or termination in response to a workers’ comp claim, is generally prohibited. Retaliation can take different forms, including changes in job duties, negative performance reviews issued shortly after filing, or reduced opportunities for advancement.

The following actions may form the basis for a wrongful termination lawsuit: 

• Retaliatory termination letters citing the claim as a reason
• Sudden negative evaluations after consistent past performance
• Demotion or loss of benefits linked to filing for medical care

If you, as an employee, can document such behavior, an Atlanta work injury lawyer can help you build a strong case to pursue legal action.

Your Legal Shield: Anti-Retaliation Laws and Public Policy

Employees concerned about losing their jobs after filing a workers’ comp claim should know that laws exist to protect them. Anti-retaliation provisions and public policy rules give workers in Atlanta a safeguard against unfair treatment.

Protections for Workers in Atlanta

Georgia law provides protection for employees who file workers’ comp claims in good faith. Employers are generally prohibited from retaliating against employees who seek medical care, file for benefits, or report unsafe working conditions. These measures ensure that injured workers can pursue benefits without fear of losing their employment.

The Public Policy Exception to At-Will Employment

Public policy protects employees who exercise rights tied to workplace safety and workers’ comp claims. Employers who fire an employee for filing a claim or reporting unsafe conditions may face wrongful discharge actions.

This exception balances the power of at-will employment with the need to protect worker rights.

Protected Activity Beyond Just Filing a Claim

Protected activities can include: 

• Reporting safety hazards to supervisors
• Asking for reasonable accommodations to continue working
• Speaking up about unpaid medical bills or delayed treatment

Employees who engage in these activities are protected by agencies such as the Equal Employment Opportunity Commission. In Atlanta, workers may also seek assistance from state labor offices and local employment law agencies, which provide additional layers of support and oversight when retaliation is suspected.

When an Employer Can Legally Terminate an Injured Worker

An employer may still terminate employment for reasons unrelated to the claim. Some examples include:

• Poor performance at work documented through reviews
• Misconduct or violation of company policies
• Workforce reductions or layoffs affecting multiple employees
• Situations where employment contracts or union contracts allow dismissal
• When a doctor determines that Maximum Medical Improvement has been reached and no reasonable accommodation can be made

These circumstances show that termination may be legal if it is unrelated to the workers’ comp claim itself.

Building Your Case for Wrongful Termination

To prove retaliation, employees should focus on collecting detailed and reliable evidence. Building a strong record of how they were treated before and after filing a claim can show patterns that help their case.

Here is some of the proof you may need:

• Employment records and performance reviews showing consistent work before termination
• Documentation of medical treatment and injury reports
• Witness statements and details of workplace conversations
• Termination letters that reference the workers’ comp claim
• Evidence of discriminatory remarks or inconsistent company policies

These elements can support a wrongful termination or retaliation claim under employment law. Having organized records and multiple forms of proof makes it easier to demonstrate unfair treatment and explain the impact of the termination.

Questions? Our Workers’ Compensation Lawyers Have Answers

An employment attorney or workers’ comp lawyer can explain benefits, retaliation claims, and damages such as wage loss benefits or medical costs.

Beyond this, attorneys often guide employees through the employment law process, helping them understand company policies, employment contracts, and available remedies.

John Foy & Associates is recognized in Atlanta for demonstrating a strong record of success and for highlighting client testimonials that reflect transparency and trust.

Protecting your rights is important to ensure fair treatment after a workplace injury, and taking action quickly can help safeguard your job, your benefits, and your future well-being.

Take advantage of our 350 years of combined experience and learn why we’re known as The Strong Arm™ in Georgia by scheduling your free consultation with our team today.