Workplace injuries can cause intense pain, so, unsurprisingly, many men and women miss work due to an injury. You might be sidelined for weeks as you try to rehab a difficult injury. One question we receive at Griffin Law Firm, P.C. is, “Can I get fired while on workers comp?”
The answer is “yes.” Georgia is an at-will state for employment purposes. Accordingly, an employer can lay off or fire a worker for any valid, legal reason. It’s not illegal under workers’ comp laws in Georgia to fire someone who is receiving workers’ compensation benefits. Call our office if you’d like to speak with an experienced and award-winning Snellville workers’ compensation lawyer about your case.
What Happens if I Lose My Job on Workers’ Comp?
You can still receive workers’ comp benefits for as long as you qualify for them. This means you should still receive:
- Medical Benefits: Medical care to treat your on-the-job injury. Some people need years of rehab to try and recover from a serious or disabling injury.
- Income Benefits: Wage loss benefits if you are so injured you cannot return to employment full-time.
- Permanent Partial Disability Benefits: You can also receive payment for workers’ comp injuries that are assigned a permanent impairment rating.
The fact that you lost your job shouldn’t impact any of these benefits. The real test is whether you can return to employment, not necessarily return to the exact job you had before your injury.
Let’s say you are fired from your job while out on workers’ comp. Your former employer’s workers’ compensation insurance carrier might try to stop paying benefits. However, you can challenge a termination of benefits by hiring an experienced lawyer. Call Griffin Law Firm, P.C. We help injured workers appeal initial denials, and we can help injured workers when their benefits are unfairly terminated.
Now is the Time to Maximize Benefits
Losing a job is scary. You might fear you won’t be employed once you heal. There are certain steps you can take to make things easier on yourself:
- Maximize your workers’ compensation benefits. So long as you are injured, you should receive as much compensation as allowed under workers comp laws in Georgia. Speak with an attorney at our firm. We might negotiate a settlement, and it’s critical to do so in the right way.
- Fight any premature termination of benefits. Don’t let the insurance carrier shove you off workers’ comp. If you aren’t fully healed, you can probably still receive benefits, including wage loss benefits.
- Avail yourself of vocational rehabilitation. These benefits are a common feature of workers’ compensation policies in Georgia. You might qualify for job placement assistance or even an educational credential.
It’s possible to thrive after a workplace injury. Let our firm explain the best way to maximize financial assistance following an injury on the job. Often the best option is a workers’ compensate settlement that pays you based on your claim’s future exposures for medical treatment, lost wages/income benefits, and permanent impairment ratings. The Griffin Law Firm has negotiated big workers’ compensation settlements for over thirty years.
Retaliation for Filing a Workers’ Compensation Claim is Illegal
There are some limitations on an employer’s right to terminate someone, even in an at-will state. For example, your employer cannot fire you for simply filing a workers’ compensation claim. That is illegal.
Employers should offer a valid reason for why they have laid a worker off. There are many reasons:
- You performed poorly in job evaluations, and they were going to lay you off anyway, regardless of your injury.
- The employer is combining jobs and eliminating a position. This is a common reason, as other employees pick up the slack and do your job while you are recovering.
- The company is discontinuing your job because of a lack of profitability.
There are countless reasons that are valid under Georgia law.
By contrast, it would be illegal to fire a worker as punishment for filing a workers’ comp claim. Your boss can’t fire you because they are upset that their workers’ compensation insurance premiums will increase. If an employer retaliates in this way, then we can seek additional compensation.
Federal and state disability laws also provide protection. An employer must provide reasonable accommodations to a disabled worker. For example, they might need to provide an ergonomic keyboard, reorganize your work space, or adjust your hours—within reason.
Returning to Work with Restrictions
Some injured workers can return to “light duty.” This means they can return to their job but with certain tasks removed. Working part-time is also a type of light duty. You might be asking, “Can I get fired while on workers comp and on light duty?”
The answer is probably “yes.” Again, what matters is that your employer doesn’t let you go for filing the workers’ compensation claim or receiving benefits. But you might not be able to do your job. Or the company is restructuring its labor force and your job is now eliminated. Those are valid reasons for letting someone go, even if they are back on light duty.
Contact Griffin Law Firm, P.C. to discuss your situation. We might argue you are being retaliated against, especially if your employer admits they are upset you filed for workers’ compensation. Let us review your options.
Training for a New Career
Some injuries are so serious that a worker cannot return to their old profession. Suppose you suffer a horrifying spinal injury that makes it painful to stand for hours. In that case, a person who works a job stocking shelves will probably need to change their job. They might retrain for a desk job.
You might qualify for vocational rehabilitation benefits to help with this process. In Georgia, a worker can be assigned a vocational rehabilitation specialist to assess the worker’s limitations and abilities. Based on this study, the specialist might recommend that you receive additional training or help finding suitable employment.
You should continue to receive these benefits even if you are fired from your job.
Call Us with Your Questions
Griffin Law Firm, P.C. has helped injured workers for decades. We understand the complicated process for receiving benefits and can fight if your employer retaliated against you. We can also help relieve financial distress by ensuring you receive all the workers’ compensation benefits you are entitled to under the law, as well as a fair lump sum settlement. Contact us to schedule a free case evaluation.