What Happens When You're Fired During Your Workers' Comp Claim? | Georgia Workers’ Compensation Atty

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What if you're fired during the middle of your workers compensation claim? Hello. My name is Ty Wilson. I'm a Georgia worker's compensation attorney, and our question today is, what if you're fired during your workers’ compensation claim in Georgia? There are questions that I would have for you as far as how did the termination happen? Were you terminated because they could not accommodate you because of your injuries? And they told you just to go home. And they just said, you know what? This isn't going to work out. We have a construction job. We need you 100%. You hurt your back, we cannot have you back. So we're just going to part ways and they terminate you. Well, if that's how it happened. Good news. You should still get income benefits as long as you're not full duty, meaning weekly checks and still get medical care as it relates to your claim. And so that type of termination will not have a devastating effect on you. Obviously, if you can't go back to the work physically that you were able to do, then you're going to need to look for work at some point once you're physically able to do so down the road.
Now, how does that situation change and make it unfavorable to you? Well, if you go back to work, they return you back to work. And we had one individual who was set up by several guys. They started messing with him, calling him names, pushing his buttons, and he lost it, and Lo and behold, right as he lost it. Someone managed to video him getting upset, making outrageous statements. Some included threats, just very angry at the situation. Provoked but nobody showed the provocation or the guys were provoking. But it was five of them. And basically what they single handedly did is they got him terminated for reasons completely unrelated to his work injury. So what does that do? Well, that gives the employer and the insurance company the opportunity to stop the weekly income benefits. And that can be devastating to your claim. You still arguably have medical care as it relates to your claim. And so your claim would be deemed a medical only claim moving forward. But without those income benefits, that can be detrimental, especially if you are physically unable to work or in a very light duty capacity where it will be very difficult to obtain work readily available.
And so that is the distinction. The distinction really is based upon where you terminated for your work injury or because of your work injury. Were you terminated for reasons unrelated to your work injury. And so if you return back to work, you really want to talk to a Georgia workers compensation attorney. If you have one, you talk to your attorney. If you don't have an attorney, you want to reach out, we give free consultations all the time. And a lot of the callers that we speak with, we do not represent and never will it just depends on where their case is. A lot of people are just calling to try to get information, and that's one of the reasons we have attempted to address this in this video.
So it's critical that you understand the facts that relate to your claim because everybody's claim is different. We all work in different places. We all have different managers. We all have different personalities, and some of those personalities can be difficult. Adjuster can be difficult. Sometimes, adjuster can be great sometimes, but then the boss can be difficult. The boss can be great. The adjuster can be great. You have issues with the doctor. So there's a lot of different moving parts with these work injury claims.