If you are injured on the job you must report it to your employer or they will not be responsible for your injuries. If the employer terminates you while you are on workers’ compensation you would still have a workers’ compensation claim. As you recover from your injury you likely will be released to light duty work capacity. Once that happens, you must look for work within your light duty work capacity in order to maintain receiving your weekly benefit checks.
If however you are terminated for reasons unrelated to your work injury, you may lose your weekly income benefits and have what is called a medical only claim. This is a highly litigated area of workers’ compensation.
Unfortunately, Georgia is a right to work state and you can be terminated for cause or for no cause at all. So there is not any specific thing you can do as an injured Georgia worker to prevent your employer from terminating because of your injury or from terminating you once you have recovered and start back at work.
We have seen many spiteful employers terminate employees once they have returned to work full duty as a punitive measure for filing a workers compensation claim. This is wrong and should not happen however the system does not currently provide for recourse, as the state legislature see Georgia as a right to work and provides you the freedom to work or not work with any company you wish, and they provide the employer the same freedom.
A good guideline it is to look at previously injured employees. If there have been three employees injured on the job and none of the three is currently working with the company, you may have your answer. Contact a Georgia workers’ compensation lawyer for specific facts as it relates to your claim.
Be informed. Be aware. Be prepared.
Ty Wilson is a Georgia workers compensation attorney, with offices in Savannah and Atlanta, who provides free information to the injured and the families of the injured. Visit tywilsonlaw.com to order his FREE Georgia workers compensation “Special Reports” and to read his many articles and to watch his videos.
If you have specific questions for a workers compensation attorney in Georgia, give Ty at call 912-508-4711 in Savannah or 770-948-5454 in Atlanta.