Suffering a workplace injury is stressful enough without worrying about your job. If you’re receiving workers’ compensation benefits, you might wonder: Is my job secure while I recover? Unfortunately, the laws in Georgia allow employers to terminate workers even while they are out on workers’ compensation. However, this might not mean you will lose your benefits.
Can an Employer Fire You While on Workers’ Comp?
In Georgia, employers are not required to hold your job indefinitely while you recover from a work injury. They can legally terminate your employment for reasons unrelated to your injury or claim. For example:
- Performance Issues: If your work restrictions make it impossible to perform essential job duties.
- Policy Violations: Breaking workplace rules, even while injured.
- Downsizing or Layoffs: Employers can let you go due to business reasons, like a workforce reduction.
While these actions are legal, employers cannot retaliate against you simply for filing a workers’ compensation claim. If you suspect retaliation, it’s critical to speak with an attorney.
What Happens to Workers’ Comp Benefits After Termination?
Just because you are fired while on workers’ comp, your benefits don’t automatically stop. You are still entitled to:
- Medical Treatment: Coverage for ongoing medical care related to your workplace injury.
- Wage Benefits: Payments for lost wages if your injury prevents you from working.
Termination can make navigating workers’ comp more complicated, especially if your employer disputes your claim. This is where having experienced legal representation becomes essential.
How Long Does an Employer Have to Hold Your Job?
Georgia law does not mandate that employers hold your job for any specific amount of time while you are on workers’ compensation. However, if you are under light-duty restrictions, your employer may have an obligation to accommodate those restrictions.
If your employer cannot accommodate light duty or chooses to terminate you, your workers’ compensation benefits should continue.
Protecting Your Rights
If you’re worried about losing your job while recovering from a workplace injury, taking proactive steps can help:
- Document Everything: Keep detailed records of your injury, treatments, and communications with your employer.
- Stay in Compliance: Follow your doctor’s orders and attend all appointments.
- Seek Legal Help: A workers’ comp attorney can ensure your benefits are protected if your job status changes.
How The Law Offices of T. Andrew Miller Can Help
At The Law Offices of T. Andrew Miller, we focus on protecting injured workers’ rights. If you’re worried about your job or have already been terminated, I can help.
I’ll:
- Review your case to determine if your termination violated the law.
- Ensure your workers’ compensation benefits remain intact.
- Advocate for you against your employer or the insurance company.
Your job might not be guaranteed, but your right to benefits is. Let me guide you through the process and fight for the compensation you deserve.
Get the Help You Need Today
Losing your job while on workers’ comp can feel overwhelming. But you don’t have to face it alone. Contact The Law Offices of T. Andrew Miller for a free consultation. Let me help you navigate the challenges and protect your rights every step of the way.