Yes, you can be fired while on workers’ compensation in Atlanta, GA. The reason for you being fired, however, cannot be because you claimed workers’ compensation. The law prevents an employer from firing you for seeking workers’ compensation after an injury. It is illegal for an employer to demote, harass or dismiss an employee for claiming workers’ compensation. After getting injured while at work, losing your job is the last thing you want to happen. Should you be fired for claiming workers’ compensation, you should speak to an Atlanta workers’ compensation lawyer.
Why Would You Be Fired While on Workers’ Compensation in Atlanta, GA
As stated, your employer cannot fire you simply because you made a workers’ compensation claim. Being on workers’ compensation does not protect your job though. No laws require an employer to treat an injured employee differently from other staff members. You can, therefore, be fired based upon poor work performance in the past. Your employer can also lay you off if they are having financial problems or undertaking company restructuring. If you have filed for workers’ compensation you may be a target for dismissal. That is why your employer must provide you with a good legal reason for your dismissal. They must show beyond any reasonable doubt that your sacking has nothing to do with your claim. Firing you in retaliation for filing for workers’ compensation is illegal.
What to Do If You’ve Been Fired While Receiving Workers’ Compensation
Most employers will not tell you that you were laid off because you made a claim following an injury. If they do so, they would be opening themselves up for a wrongful dismissal lawsuit. Their actions could amount to discrimination or retaliatory termination. If you feel you were fired unjustly the first thing you should do is contact a Georgia workers’ compensation lawyer.
How Will an Atlanta Workers’ Compensation Lawyer Help You?
Getting a competent Atlanta, GA worker compensation lawyer will enable you to challenge your termination. An Atlanta workers’ compensation attorney will look at the reasons given for firing you to see if they add up. They will tell you if your sacking was a case of retaliatory termination. If it is, your employer’s actions were illegal. They terminated your employment for reporting a workplace injury or filing a workers’ compensation claim. You have a valid case. The lawyer will fight to get you reinstated and ensure you continue to receive compensation for your work injuries.
Advice from a Georgia Workers’ Compensation Lawyer on How to Avoid Termination After an Injury Claim.
Your workers’ compensation claim may put you on the chopping board at work. For this reason, you should do your best not to give your employers cause to fire you. Since they cannot legally sack you for your claim, they may look for other reasons to do so. To ensure you are safe once you’re back at work, you should:
- Report to work on time
- Follow all workplace rules and regulations
- Perform your task to the employer’s satisfaction.
- Have respectful workplace relationships
Should you do all this and you’re fired. It will be easier for your lawyer to get the maximum workers’ compensation benefits for you.
If you were fired while on Georgia workers’ compensation, call an Atlanta workers’ compensation lawyer. At ReisLaw we will answer all the legal questions you have. When you get in touch we will provide a free case evaluation. After that, we will advise if you have a case against your former employer.
To help your case, it is important to have documentation on your work injury and employment. Keep a record of emails that might support your wrongful dismissal lawsuit. An employer dismissing you while you are on workers’ compensation is suspicious. It might be retaliation for making the claim. It could also be legitimate. They may be laying off other people too. However, if you suspect discrimination, you should talk to an attorney immediately. There are statutory limitations which govern the time you have the file a lawsuit against your employer. Don’t take too long to seek legal advice from us or you could lose your rights to file. Call us at (404) 876-4200 today. At ReisLaw, our Atlanta, GA workers’ compensation attorneys will let you know more about your rights and how to file a claim.