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Murphy Law Firm, LLC

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Q:
If I File A Workers' Compensation Claim, Can I Get Fired?

A:

We have handled many workers’ compensation claims throughout the years. The concern is always the same, “Will I lose my job?”. The State of Georgia is considered to be an employment at will state. Unfortunately this means that an employer can fire you for any reason.

However, in terms of your workers’ compensation claim status this could be beneficial for you. One of the tactics used by insurance companies is to return you to work as soon as possible.

If you have been returned to work under a WC-240 on “light duty” employer may “create” a job for you that fits into this “light duty” description. If so, under the 240 Rule you have a 15 day trial period on light duty.

Should you be unable to perform the “light duty” job and you come out of work within the 15 day trial period, your insurance adjuster is required to reinstate your weekly benefits even if you have been terminated.

If however; the physician releases you to return to work “full duty” with no restrictions and your employer has terminated you then workers’ compensation is not liable for paying you a weekly check.

These concerns and many others may arise following a work related injury. Don’t prolong your worry or concern. Call Murphy Law Firm and talk to someone experienced in workers’ compensation to get the answers to your questions. Often we see injured workers’ wait too long to contact an attorney regarding their rights.  If you or a loved one have been injured on the job please contact us for a free consultation at (770) 577-3020.

James K. Murphy (Attorney)
James K. Murphy is a personal injury attorney, legal commentator, and author practicing law in Georgia

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