Georgia law requires most employers to provide employees with workers’ compensation benefits if they are hurt or become ill on the job. But can your employer fire you while receiving benefits? Keep reading to learn more from the Albany, GA workers’ compensation lawyers at the Law Offices of William F. Underwood, III, P.C.
Can I Be Fired While on Worker’ Comp?
You may be surprised to learn that you can be terminated while on workers’ comp. A worker with an employment contract may be fired according to the terms of the contract. An at-will employee can be terminated for any reason (including no reason at all), as long as it is not prohibited by statutory law or public policy. An employer cannot fire an employee in retaliation for filing a workers’ compensation claim.
Am I Covered Under Georgia’s Workers’ Compensation Law?
Most paid employees may file a workers’ comp claim for a work injury or occupational illness. This includes part-time workers, seasonal workers, and workers younger than 18. However, Georgia’s workers’ comp law does not cover unpaid interns and volunteers. In addition, workers in certain professions are not covered by state law but instead by federal laws. These include federal employees, railroad workers, and seamen.
Legal Reasons for Dismissing an Employee on Workers’ Compensation
An employer may lawfully dismiss an at-will employee receiving workers’ compensation in many situations, including:
- The employee is disabled from performing their job and the employer has filled the role with another worker.
- The employee was already facing a disciplinary process before receiving workers’ comp.
- The employer chooses to terminate an employee on workers’ comp for prior unsatisfactory work performance.
- The employer selects an employee out on workers’ comp during layoffs.
Consequences of Terminating an Employee on Workers’ Compensation
An employer who fires a worker receiving workers’ comp benefits is still obligated to continue providing benefits until their doctor clears them.
In addition, if the work injury or occupational illness continues to render the employee unable to work in gainful employment, the employer must continue to pay temporary total disability benefits until the employee is released to work by their treating provider. And if the employee is ultimately diagnosed with permanent disabilities from a work-related injury or illness, the employer will be obligated to pay permanent partial disability benefits.
Finally, terminating an employee on workers’ comp will often create the appearance of retaliation. So, an employer who dismisses an employee receiving workers’ comp benefits may also have to face the consequence of a lawsuit.
If you’ve been fired from your job while receiving workers’ compensation in Georgia, contact the Law Offices of William F. Underwood, III, P.C. for a free consultation.
Site by