Can You Be Fired While Out on Workers Comp in Atlanta, Georgia?

workers comp

If you get hurt while on the job in Atlanta, you’re be entitled to workers compensation benefits. The best way to ensure that you get these benefits is to hire an experienced workers comp lawyer. This way, you know your claim will be handled properly from the start. Otherwise, there’s always the chance that your claim could be denied.

When you get injured at work, you’ll probably be out of work for weeks or even months. During this time, your employer will have to find someone else to do your job. They may hire someone from the outside. Or, they’ll transfer someone else from inside the company. Very rarely can a company afford to not replace you. Even when business is slow, it can be hard to expect your team to complete your job when they’re down a person. So, when the time comes for you to return to work, there’s always the fear that your job won’t be available. A lot of workers in Atlanta are also afraid that they may be fired while out on workers comp.

While Atlanta workers comp lawyer would love to tell you that this can never happen, it can. The truth is that your employer can fire anyone at any time for any reason. This is because Georgia, like almost every other state, is an at-will state. Your employer doesn’t need to justify why they’re firing you. However, if they terminate you while you’re recovering from a work-related injury, you should call a lawyer.

Is it Fair That Your Employer Can Fire You Even Though You’re Hurt?

A lot of our clients ask how it can be fair for their employer to fire them when they’re injured. The answer is – it isn’t fair. But that doesn’t mean it’s against the law. Your employer can fire you at any time. Your company has the right to fire you, even if you’re out on workers comp.

There are times when a company was ready to fire someone right before they got hurt at work. In fact, many employers are suspicious of these claims. They figure you knew you were about to be fired and got hurt on purpose. They may even deny your claim for this reason. And, while your Atlanta workers comp lawyer can appeal your claim, there’s not much they can do to prevent you from being fired.

Will Your Georgia Workers Comp Benefits Continue if You Are Terminated?

Nobody’s ever prepared to lose their job. Especially when they’re at home recovering from an injury that happened on the job. While out on workers compensation, you won’t be earning the same amount of money as when you were working. Your workers comp benefits only cover two-thirds of your average weekly wages.

In Georgia, you’re only entitled to the following benefits while out on workers compensation:

  • Medical treatment for your work-related injury
  • Coverage for any out of pocket medical expenses such as prescriptions and durable medical equipment
  • Replacement wages for up to 2/3 of what you normally earned

Your replacement wages only last for 400 weeks. This means that, after about 4 years, your benefits will terminate. Most people return to work a lot sooner than that. However, if your injuries are very serious, you could be on workers comp for quite some time. There’s also a cap on how much you can receive each week. No matter how high your income was, you can only get up to $675 per week on workers comp in Georgia.

The good news is that, if you are fired, your workers comp benefits should continue. These will continue until you either get a new job or are declared able to return to work.

Contact an Experienced Workers Comp Lawyer in Atlanta, Georgia

If you get hurt at work, there are a few things you need to do. First, make sure you report the accident to your manager and human resources. Second, make sure you go to the hospital right away. After that, you’ll need to see a company approved doctor for ongoing treatment. Finally, call an experienced workers comp lawyer in Georgia. They’ll make sure your claim is handled properly and fairly by the insurance company. They’ll also be there to make sure your benefits aren’t tampered with if you do get fired.

Your initial consultation is free. You also don’t have to pay your attorney until your case is settled. Your employer will have a team of lawyers working for you. Make sure you have somebody by your side as well.