Can You Get Fired While on Workers’ Compensation in Athens?

Hurt on the job in Georgia? You have the right to file for workers’ comp benefits to cover medical care and wage replacement. After you have recovered, you can return to your previous position.

This raises an important question: Can you get fired while on workers’ comp? Unfortunately, the answer is “yes.” Georgia is one of a small number of jurisdictions that do not provide statutory or common protections against retaliation for a workers’ comp filing. In this article, our Athens workers’ compensation lawyer provides a guide to workers’ compensation retaliation laws in Georgia.

An Overview of Workers’ Comp

In Georgia, workers’ compensation is a form of no-fault insurance that provides benefits to people who were injured while on the job. Most employers are required by law to obtain workers’ comp for most employees, including part-time workers and seasonal workers. Notably, the system is designed to cover medical treatment, a portion of lost wages, and certain rehabilitation care. Injured workers do not need to prove that their employer in Georgia was negligent to qualify for benefits. Instead, the incident merely must have happened within the course and scope of their employment.

You Need to Report Your Accident: Workers’ comp claims are time-sensitive. Injured workers must report the incident to their employer within 30 days and typically have one year to file a claim.

Know the Law: Lack of Retaliation Protections (Georgia Workers’ Compensation)

The majority of U.S. states legally prohibit retaliation against workers who file for workers’ comp benefits. In most jurisdictions, employers are required to avoid retaliation either as a matter of statute, common law, or some combination of both. However, Georgia stands out as one of the exceptions. The Georgia Workers’ Compensation Act does not include a private cause of action for employees retaliated against for filing or pursuing claims. Our state operates under an at-will employment standard. Unless there is a contract stating otherwise, employers may terminate an employee for any reason, including no reason at all. Sadly, Georgia law does not forbid firing, demoting, reducing pay or hours, or shifting duties in retaliation for filing for workers’ comp.

The key case on this matter is a 1980s Georgia appellate court decision called Evans v. Bibb County. 

In this dispute, the court was faced with the claim from a discharged at-will employee who sought compensation for wrongful termination for pursuing workers’ compensation benefits. However, the appellate court reaffirmed that under Georgia law, at‑will employment allows for the discharge of a worker “with or without cause and regardless of its motives” unless it is expressly limited by statute. The court declined to carve out a public‑policy exception protecting workers’ compensation claimants. Courts still follow the case law to this day in Georgia. As a consequence, you can be fired for filing for workers’ compensation benefits. You are not legally protected against retaliation.

The Bottom line: Can you be fired while on workers’ comp? Unfortunately, the short answer is that you can be fired while you are getting workers’ comp benefits.

You Do Not Lose Your Workers’ Comp Benefits if Fired in Georgia

Your employer cannot fire you to stop you from getting access to your workers’ comp benefits. That still must be paid out in full. The key point to know is that being fired, laid off, or otherwise terminated in Georgia does not terminate your workers’ compensation benefits. Workers’ comp is a no‑fault insurance system administered by the state, and benefits stay intact as long as your injury is compensable. Even if your employer fires you, that does not adversely impact your right to seek medical treatment, wage loss benefits, rehabilitation, and disability benefits.

Fired While on Workers’ Comp in Georgia? Three Steps to Take

Were you or your loved one fired because you filed for workers’ comp benefits in Georgia? That is certainly unfair. You should not be punished for exercising your right to get work injury benefits.

However, you may not have a viable legal claim to stop the termination. Still, it is important to know what you can do to protect yourself and your interests. Here are three important steps to take if you are fired for filing for workers’ compensation benefits in Georgia:

1. Make Sure Your Benefits are Not Interrupted: Remember, your workers’ comp benefits are not necessarily contingent on you remaining employed by the company that you worked for when getting hurt. If you are fired while receiving workers’ compensation in Georgia, your benefits should not automatically stop. Georgia’s workers’ compensation system is designed to protect injured workers. That is true no matter the continued employment status, or lack thereof. During these challenging times, it is crucial to monitor your medical care and wage replacement benefits closely. You should not hesitate to contact your authorized treating physician to ensure appointments continue and clarify any work restrictions. You should also be ready to notify your employer’s workers’ compensation insurance carrier about your termination and confirm that your benefits remain active. If your payments stop unexpectedly, act quickly to dispute the termination of benefits by requesting a hearing with the Georgia State Board of Workers’ Compensation.
2. Develop a Plan for Your Return to the Workplace: When will you need to start looking for a new job to return to the workforce? The answer depends on your medical situation, not on the preferences of your previous employer. You should work with your treating physician to understand your physical limitations and obtain written documentation of your restrictions. You should also begin thinking about whether you can return to your former type of job. Alternatively, you may need vocational rehabilitation services. Georgia’s workers’ compensation law may entitle you to help finding new employment if your injuries prevent you from going back to your previous role. Developing a clear plan for your future can go a long way towards easing some of the stress.
3. Be Prepared to Seek Professional Legal Representation: Being fired after filing for workers’ compensation benefits is stressful. A top-tier Georgia workers’ comp lawyer can review your case, explain your rights, and help you determine the best course of action. Although Georgia law does not prohibit retaliation for filing a workers’ comp claim, you still have rights under the Georgia Workers’ Compensation Act and potentially under federal statutes like the ADA or FMLA. An attorney can help you challenge any wrongful denial or interruption of benefits and advise whether your termination violated other laws.

Note: Although you may not have a viable employment claim for workers’ comp retaliation under Georgia law, it is sometimes possible that you will have another viable legal claim, such as under the Americans With Disabilities Act (ADA) or Family and Medical Leave Act (FMLA).

Why Trust Our Athens Workers’ Compensation Lawyer

A work injury can change your life. It is even more challenging if your employer is trying to take away your job. At The Larrison Law Firm, we are committed to protecting the rights and interests of injured workers. With a proven record of case results, you can rely on us when it matters most. Your initial consultation with our Athens work injury attorney is free, confidential, and carries no additional obligations.

Contact Our Athens Workers’ Compensation Lawyer Today

At The Larrison Law Firm, our Athens workers’ compensation attorney has the knowledge, experience, and tenacity that you can rely on in tough cases. If you have any questions or concerns about workers’ comp retaliation claims, we are here to help. Call us now or contact us online for a free, no-obligation initial case review. With an office in Athens, we handle workers’ compensation cases throughout the entire region.