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Can you get fired while on workers’ comp in Georgia?

When you sustain injuries at work in Georgia, workers’ compensation provides vital support. It covers your medical bills and offers partial wage replacement. However, many wonder if their job is at risk while they recover. 

At-will employment

Georgia is an at-will employment state. This means employers can terminate employees at any time, for any reason, except for illegal ones. However, there are protections for workers on workers’ comp. Employers cannot legally fire you simply because you filed a workers’ comp claim.

Retaliation protections

The law prohibits retaliation for filing a workers’ comp claim. If you believe your employer fired you because you sought workers’ comp benefits, you may have grounds for a retaliation claim. Document any suspicious behavior from your employer to support your case.

Performance and company policies

Employers can still enforce company policies and performance standards. If you’re unable to perform your job duties or violate company policies while on workers’ comp, your employer may have legitimate reasons for termination. 

Medical leave and job protection

Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid leave for serious health conditions, including work-related injuries. This provides some job protection, but not indefinitely. You may risk your job if you’re unable to return to work after this period.

Having job security during recovery

Navigating the complexities of workers’ comp and job security in Georgia can be challenging. It’s important to know your rights and responsibilities while recovering from a workplace injury. Stay informed, communicate openly, and explore all available options to protect your job while you heal.