Can I Get Fired While My Workers’ Compensation Claim is Pending?

Here’s a shocker: Georgia law does not prohibit your employer from firing you in retaliation for filing a workers’ compensation claim. It also does not stop an employer from harassing you, trying to force you to quit, or fabricating a reason to fire you.

It has been my experience, however, that your workers’ compensation case actually may be helped if your employer terminates you. Why? Because it will be much more difficult for the insurance company to make a job available to you that meets your medical restrictions.

Getting Fired May Help Your Worker’s Compensation Case

One strategy insurance companies use to terminate benefits occurs when the insurance company and your employer “create” a job available that fits your medical limitations.  Often these jobs are bogus and after a few weeks the employer will terminate you anyway with the goal of avoiding any temporary total benefit obligations.  If you have been fired, however, this strategy of having your employer offering you a job that fits your medical limitations will not be available.

You do NOT lose your weekly wage benefits if you are fired. In order to stop your weekly wage benefits, your employer must show that your condition has improved and they must follow procedures set out in Georgia law.

Other Legal Options for Unfairly Terminated Employees

There are, of course, other legal options available to you if you believe that you were terminated for an improper reason, such as race or gender.

Employment law claims sometimes require you to assert that you are ready, willing and able to work, so you should discuss your potential legal remedies with both your workers’ compensation lawyer as well as any employment discrimination lawyer you may consult. You may have to choose which type of remedy you wish to pursue. You can best make that decision if you understand both the chances of recovery as well as the dollars involved.

Please ask us if you need a referral to a qualified employment discrimination lawyer.