Can You Get Fired While out on Workers Comp in Atlanta?
You could get hurt at work on any given day. Obviously, certain workers are more at risk of getting hurt than others. If you do physical work, you’re putting your body at risk all the time. This is why Georgia offers workers compensation benefits.
If you get hurt while on the job, you’ll need to file a worker’s comp claim. This will entitle you to both medical care and replacement wages. As long as you qualify, your claim should be approved. Generally speaking, most claims are settled pretty quickly.
There are times, however, when workers’ comp claims are denied. If this happens to you, it’s a good idea to contact a worker’s compensation attorney in Atlanta. They can reach out to the claims’ adjuster. They’ll try to negotiate a settlement of your claim.
Depending on how serious your injuries are, you may be out of work for months. It could be more than a year before you’re fully healed. The odds of suffering a serious workplace injury increase if you work in any of the following industries:
- Truck driver
- Factory workers
The problem is, even if your claim is approved, there’s a chance that your employer may fire you.
What Benefits are You Entitled to in Georgia?
If your claim is approved, you should start receiving your benefits within a couple of weeks. If for some reason this doesn’t happen, call and speak with your Atlanta workers comp lawyer right away.
In Georgia, you’re entitled to the following benefits under workers compensation:
- Medical benefits –Your employer will have to provide medical care to treat your injuries. This will include hospital visits, doctor’s appointments and prescriptions. You shouldn’t be financially responsible for injuries caused by your job.
- Wage Replacement Benefits – You won’t be able to work while you recover from your injury. You’ll receive replacement wages while you recover from your work-related injuries. You can receive either temporary total disability benefits (TTD) and temporary partial disability benefits (TPD). The amount you’ll receive will be about 2/3 of your average weekly wages.
- Permanent Partial Disability Benefits – If you are found to have suffered permanent medical issues, you may qualify for permanent disability benefits. Typically, your workers comp lawyer in Atlanta will negotiate a settlement rather than have you continue to receive weekly benefits.
What to Do if Your Company Fires You While Out on Workers Comp?
A lot of people think that your employer can’t fire you while you’re out on workers comp. That’s not true. They can fire you at any time, for any reason. While most employers wouldn’t be so cold-hearted as to fire someone who just got hurt at work, it does happen.
If your employer terminates your employment while you’re out on workers comp, you need to let your Atlanta workers compensation attorney know. Some of the reasons this may happen include:
- Your attendance record prior to and after the accident is terrible
- You have committed some type of fraud or crime against the employer
- You violated company policy
- Your performance is not up to standard
While you can file a lawsuit for wrongful termination, these are rarely successful in Georgia. Georgia is an at-will state. This means, as we mentioned above, anyone can be fired at any time. It is very difficult to prove wrongful termination.
Do You Need to Contact a Workers Comp Attorney in Alexandria?
If your employer fires you while out on workers comp, your workers compensation lawyer may be able to help. Even if they can’t get you the job back, they can still help you apply for all possible benefits.
You should continue to receive your workers comp benefits after you’ve been fired. At a minimum, your medical care will still be covered. Your lawyer will reach out to your employer to find out what happened. They’ll do their best to get you the compensation you deserve.
Call today and schedule your initial consultation with an experienced workers compensation lawyer in Atlanta, Georgia. They can review your case and make sure your claim has been filed properly. If your claim is denied, they can help file your appeal.
If you happen to get fired while on workers compensation, it’s a good idea to have a skilled attorney represent you. They are less likely to be taken advantage of. They also know the law and are familiar with what it takes to get you justice.
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