Can You Be Fired While Receiving Workers Compensation?
If you are receiving workers’ compensation, you may be qualified for the Family Medical Leave Act. The Family Medical Leave Act was passed by Congress in 1993 in order to help provide job protection for employees who need to take time away from their job. Many states, Georgia included, operates under the “employment at will” doctrine which means an employer is able to fire an employee for pretty much any reason, even if the reason is a bad one.
FMLA and Workers’ Compensation
In the state of Georgia, workers’ compensation law requires that an employer pay their employee compensation benefits when they have suffered a compensable work-related injury. The majority of the time, this injury will cause you to miss work for a few days, potentially even weeks or months. Contrary to popular belief, just because you are out on workers’ compensation does not mean that your job is protected. There is absolutely nothing in Georgia law that prevents your employer from firing you after you are injured at work. The Family Medical Leave Act helps because it provides some job protection, but only if you are eligible. If you are out of work due to a work-related injury, you should be eligible to receive temporary disability benefits. You could also receive FMLA leave to help protect your position at your work for up to 12 weeks – which is extremely helpful in the event you have been injured. The downside? The family medical leave act is unpaid work, but the workers’ compensation benefits you receive should help you out.
What if you are not FMLA Eligible?
If you are not eligible for FMLA, or your FMLA leave runs out, your employer is able to terminate you. There is also nothing that prevents your employer from firing you once you return to work, as well. Contingent upon your workers’ compensation case when you are fired, your compensation temporary benefits may continue or they may end.
The laws in Georgia regarding workers’ compensation can seem pretty complex. It is important to work with an attorney in order to make sure your case is understood and to help you fight to get your benefits. If you or someone you know is concerned that they may be wrongfully terminated while on workers’ compensation, Bruce Edwards Attorney is here to help. We will get the facts on your case and provide you with guidance on where to go from here.
The Bruce Edwards Law Firm has built a reputation in Douglas, Georgia as an honest and dedicated attorney. We have helped numerous clients in the area get the compensation they need from job-related injuries and auto accidents without all the headache of going through the red tape. Call us today at 912-384-5700 and let us represent you.