The “vent” in the Atlanta Journal-Constitution allows readers a chance to display their frustrations. A few days ago, the following rhetorical question was posted:
What good is Georgia’s Worker’s Comp program if it allows employers to fire you immediately upon filing a claim????
While Georgia does not have a cause of action for termination in this fashion like some states do, there are some negative consequences for employers who decide to fire their injured employees.
First, if the worker is on light duty, the worker will not have to conduct a jobsearch in order to prove he’s disabled and entitled to disability benefits.
Second, the employer will no longer have the option of offering light duty to the injured worker, which would otherwise lessen exposure for disability benefits.
Third, if the claim goes before an Administrative Law Judge, and evidence is presented that the injured worker was fired after filing for workers’ compensation, how do you think that employer is going to look in the Judge’s eyes?
There are other, less apparent consequences actions such as terminating an injured worker will have. If you’ve been injured at work and have been fired–or, have been threatened with firing–as a result, please contact my Atlanta workers’ compensation law office for a free consultation.