If my job fires me because I was hurt at work, can I get TTD (temporary total disability)?

While an employer in Georgia can fire you after a workers’ comp claim, my firm has seen it, (or even because of it) without giving rise to a wrongful termination suit under any type of state law, it can mean you get workers’ compensation disability benefits without being required to look for work, as one would normally have to do if fired while working on light duty (if the termination is for cause).

That said, proving you were fired because of your workplace injury can be difficult, as many people have no qualms about making up a reason other than your job injury when asked about a termination in court!  In a case decided in March 2015 called Burns v. State of Georgia DOAS, the court found that when an employer refuses to accommodate light duty restrictions or if that employer refuses to allow someone to return to his/her job after a workplace accident (even if accommodation due to restrictions isn’t required), the injured worker can establish a change of condition and get weekly disability benefits through workers’ comp without the requirement to show a diligent but unsuccessful search for work.

This decision helped to clarify the Padgett v. Waffle House case from 1998 and the Maloney v. Gordon County Farms case from 1995 regarding injured workers who are on restrictions and let go from their employment.

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