Can I Be Fired for Filing a Workers’ Comp Claim in Georgia?

Injured workers often have questions about the Georgia workers’ compensation system. Filing a workers’ compensation claim may be the best way to help you cover your medical expenses after a workplace accident. However, many people worry that their employer may retaliate against them for filing a claim by firing them.

Employees hurt on the job have legal rights. Understanding how the Georgia workers’ compensation system works, your rights when applying for benefits, and how a workers’ compensation attorney can help you handle the entire process may protect you during this stressful time.

What Is Workers’ Compensation?

Georgia workers’ compensation is a no-fault insurance program. Most businesses in Georgia with three or more employees, including part-time workers, must carry workers’ compensation insurance. When an individual is hurt on the job, regardless of where or how the accident occurred, they can apply for workers’ compensation insurance benefits. Generally, any worker injured while performing assigned duties is eligible for benefits. Benefits cover reasonable medical expenses related to the workplace injury. Benefits may also cover a portion of an individual’s lost wages while they are recovering and out of work.

Can I Be Fired for Filing a Georgia Workers’ Compensation Claim?

Understanding when an employer can and cannot fire you is challenging. Like most other states, Georgia is an “at-will” employment state. At-will means that an employer can fire an employee at any time for any reason or no reason at all. Many believe that since employers can fire anyone at any time, filing something like a workers’ compensation claim puts their job and financial security at risk. This belief often leads to injured workers avoiding seeking the benefits and medical care they need, allowing workplace injuries to get worse, putting a person’s health and safety in jeopardy.

However, in Georgia, it is illegal for an employer to fire a worker solely because they filed a workers’ compensation claim. Firing an individual after they file a workers’ compensation claim can be considered retaliation for exercising their right to seek benefits after a workplace injury. While at-will employment allows companies to fire individuals at any time for any reason, employers cannot terminate employees when the firing is discriminatory or retaliatory. Technically, an employer can let you go during or after a workers’ comp claim, but they cannot do so because you filed the claim.

What Do I Do if I Am Fired After Filing for Workers’ Compensation in Georgia?

Losing your job at a time when you are medically and financially vulnerable is devastating. If you believe your termination was directly related to your workers’ compensation claim, you may have legal options, such as grounds for a retaliation lawsuit. These cases tend to be complex because of the evidence needed to prove that a company retaliated against an individual solely because they filed a workers’ compensation claim after an accident. Some of the signs that you may have been the target of a retaliatory termination can include:

Sudden negative performance reviews
Demotion without cause
Dismissal soon after filing your claim
Unjustified disciplinary actions
Sudden change in job duties or hours
Sudden micromanagement
Exclusions from team meetings or activities
Verbal or written abuse or threats

Since employment retaliation cases are complicated, you must speak with a workers’ compensation attorney about your situation immediately. A Georgia attorney can protect your rights and gather and preserve evidence before it can be lost or destroyed.

Get Legal Representation from an Experienced Atlanta Attorney Now

Time is a factor when dealing with workers’ compensation and employer retaliation. You need immediate legal representation from a Georgia attorney. At Kaufman Injury Law, we aggressively fight to protect the rights of injured workers.

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