If you have been hurt on the job, you may be somewhat familiar with the workers’ compensation process in Georgia. Workers’ compensation benefits are intended to help you recover and return to work after your injury. These benefits may cover medical expenses, rehabilitation, a portion of your lost wages, and more.

Many employees wrongly believe that their job is protected while they are out on workers’ compensation. The truth is that you can still lose your job while on workers’ compensation. However, employers cannot terminate you simply for filing a workers’ compensation claim. Keep reading below to learn all the details about losing your job while on workers’ compensation benefits.

The Basics of Georgia’s Workers’ Compensation Laws

According to the Georgia State Board of Workers’ Compensation, all employers with three or more employees must provide workers’ compensation insurance. The law provides many provisions about how workers’ compensation works. However, it does not specifically provide employment protection for injured workers.

Many injured workers decide not to file a workers’ compensation claim because they are afraid of retaliation. They may be afraid that they will be fired simply because they filed a claim after an injury. Having an experienced workers’ compensation lawyer on your side throughout the process can help. This may ease some of your stress and help ensure that your employer follows the law.

Georgia Workers’ Compensation Benefits

If you are hurt on the job in Georgia, you have a right to file a workers’ compensation claim. Injured workers are provided with many types of benefits, including:

Medical Expenses

All medical expenses associated with the treatment of your work-related injury should be fully covered. Once you notify your medical provider that your injury is work-related and authorized by your employer or their workers’ compensation insurance carrier, they typically cannot bill you directly for necessary treatment related to your claim. 

However, it is important to note that injured workers are generally not entitled to pain and suffering damages under the workers’ compensation laws.

Wage Replacement

Workers’ compensation may provide two-thirds of your average weekly wage, but not more than $800, while you are unable to work.

Vocational Rehabilitation

In some situations, your injury might prevent you from doing the same job. In that case, you may need to acquire new skills so that you can find a new job. Workers’ compensation benefits can provide you with training or help you find a new job.

Valid Reasons for Termination While on Workers’ Compensation

As previously mentioned, there is no law that protects your employment while you are on workers’ compensation. Georgia is an at-will employment state. This means that you can be terminated for nearly any reason, as long as that reason does not violate your employment rights. 

For instance, your employer could terminate you for:

  • Poor performance
  • Poor attendance
  • Company downsizing
  • Inability to perform job duties

On the other hand, there are some reasons for termination that would be considered illegal. For example, if your employer terminated you only because you filed a workers’ compensation claim, you may be able to file a wrongful termination lawsuit. Any type of retaliatory termination may give you grounds for legal action.

What Should I Do If I Get Fired While on Workers’ Compensation?

If you get terminated while on workers’ compensation, you should seek help from an experienced workers’ compensation lawyer. You may be terminated for a valid reason, and you may have no legal recourse.

However, letting a lawyer evaluate your claim is always a good idea. If your employer terminated you for an illegal reason, you could be entitled to significant compensation. A lawyer can help assess the specific conduct of your employer and help gather evidence to prove your claim.

Contact Mark Casto Personal Injury Law Firm for a Free Consultation With a Columbus Workers’ Compensation Lawyer

An on-the-job injury is difficult enough, but the added stress of job loss can be devastating. At Mark Casto Personal Injury Law Firm, we’re here to help you understand your rights and explore every legal option available. Whether you’ve been wrongfully terminated or need help navigating your workers’ compensation claim, we’re ready to stand by your side.

Call us today to schedule a free consultation with a Columbus workers’ compensation lawyer.

Mark Casto Personal Injury Law Firm
233 12th St #808, Columbus, GA 31901
(706) 940-4030