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Every Step of the Way

Can I Be Fired While on Workers’ Comp in Georgia?

If you’re receiving workers’ compensation benefits after a workplace injury, you might wonder: Can my employer fire me? In Georgia, the short answer is yes, but the full story is more complex. Employers cannot fire you simply for filing a workers’ compensation claim. However, other factors—like your work restrictions or inability to perform certain tasks—might lead to termination.

At The Law Offices of T. Andrew Miller, I understand how stressful these situations can be. That’s why I’m here to help protect your rights and guide you through the process.

Understanding Georgia Workers’ Compensation Laws

Georgia’s workers’ compensation laws provide injured employees with benefits to cover medical treatment and lost wages. These laws protect your right to compensation, even if your employer decides to let you go. Employers are prohibited from retaliating against workers for filing a claim. However, this doesn’t always stop terminations related to job performance or other unrelated reasons.

Reasons Employers Might Terminate You

Even while receiving workers’ comp benefits, employers might terminate employees for various reasons:

  • Inability to Perform Job Duties: If a doctor’s restrictions limit your ability to perform required tasks, your employer might argue they need someone who can meet the job’s demands.
  • Reduction in Workforce: Layoffs or downsizing are legal and often unrelated to your injury or claim.
  • Violation of Company Policies: Failing to follow workplace rules—even while on workers’ comp—could result in termination.

What Happens to Workers’ Comp Benefits After Termination?

If you lose your job while receiving workers’ comp, your benefits don’t automatically stop. In Georgia, you’re still entitled to medical treatment and wage replacement as long as your injury prevents you from working. However, navigating these benefits can be tricky after a termination.

Protecting Your Rights If You’re Fired

Being fired while on workers’ comp doesn’t mean you’re out of options. There are steps you can take:

  1. Document Everything: Keep a record of all communications with your employer, including reasons for your termination.
  2. Stay Compliant with Medical Treatment: Continue attending doctor’s appointments and following their recommendations.
  3. Consult a Workers’ Comp Attorney: An experienced lawyer can help you appeal denied benefits or address unfair treatment.

How The Law Offices of T. Andrew Miller Can Help

At my firm, I advocate for employees who feel overwhelmed by workers’ comp claims and employer actions. If you’re worried about being fired—or have already been let go—I can step in to protect your benefits. My experience handling Georgia workers’ comp cases ensures you receive the representation you deserve.

I’ll help you:

  • Determine if your termination violated workers’ comp laws.
  • Fight for benefits you’re still entitled to after losing your job.
  • Navigate disputes with employers or insurance companies.

Can an Employer Fire You for Being on Light Duty?

If your doctor places you on restricted duty, your employer must accommodate those restrictions within reason. However, if they cannot accommodate you, they might decide to terminate your employment. Even in this situation, your workers’ comp benefits should remain unaffected.

Your Next Steps

If you’ve been fired while on workers’ comp in Georgia, don’t hesitate to seek legal guidance. Understanding your rights is critical to protecting your benefits. I know how challenging it is to face these obstacles while recovering from an injury. That’s why I’m here to fight for you every step of the way.

Contact The Law Offices of T. Andrew Miller Today

Being fired while on workers’ comp can feel like a major setback. But you don’t have to navigate it alone. Reach out to The Law Offices of T. Andrew Miller for a free consultation. I’ll help you understand your rights and pursue the benefits you deserve.

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