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Can My Employer Fire Me While Im Receiving Workers Compensation Benefits

Yes. Unfortunately because Georgia is an at “at-will employment” state, your employer can fire you while you’re receiving workers’ compensation.  But if your employer fires you while you’re receiving workers’ compensation, your employer and its insurance company bears the risk that you may be compensated for a much longer period of time than you otherwise would have been had you not been terminated.

Most employers will not fire injured workers until they are released to return to full-duty work by the Authorized Treating Physician.  If this has happened to you, you are not legally entitled to workers’ compensation disability benefits unless you can prove that you were not capable of returning to full-duty work when you were released to return to full-duty or you can prove that you have experienced a change in condition for the worse.  Proving either of these can be challenging, so if you are in this position, we strongly recommend contacting an experienced Atlanta workers’ compensation attorney as soon as possible.

To view other Workers’ Compensation Questions and Answers, click on the “Q & A” Button.

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Seth Bader
(678) 562-5595