Georgia is an at-will employment state. Unless you signed an employment contract or are the victim of discrimination, your employer can fire you for any reason. As such, your employer can fire you for claiming workers’ compensation. Unfortunately, the Georgia legislature rejected a bill that would have prevented employers from firing people for making a claim many years ago.
If you are on regular duty work without restrictions at the time of your termination, you cannot receive further temporary total benefits. The only exception to this rule is if your doctor later said that you had some restrictions or that you shouldn’t work. However, if you have some restrictions at the time your employer fires you, you might receive workers’ compensation benefits.
If your employer fired you for reasons related to your workers’ compensation claim, your temporary total benefits should start immediately, and you need not seek employment.
If it’s not obvious that you lost your job for making a workers’ compensation claim, you will most likely need to look for work. You should also prepare to prove that you couldn’t find work because of your workers’ compensation claim and the lasting effects of your injury. If proven, you could receive temporary total workers’ compensation benefits.
While it’s legal for your employer to fire you under Georgia laws, you could have rights under the Federal Americans with Disabilities Act or other state or federal laws. Consult a knowledgeable Duluth construction accident lawyer if your employer terminates you after filing your claim.
