Am I Entitled To Workers’ Compensation Benefits If I’m Fired After A Work Accident?

Unfortunately, some employers fire injured workers following a work accident. In most situations when an injured worker is fired following a work accident, they are still entitled to workers’ compensation benefits. However, there are some situations when workers’ compensation benefits are denied after an injured worker is fired.

At Skibiel Law, we offer a free initial consultation to discuss job termination and Georgia workers’ compensation benefits. If you have been fired after a work injury, talk to a lawyer today at 770-968-3445 or toll-free at 877-874-6650. With convenient office locations in Jonesboro and Atlanta, our attorneys serve clients in the Metro Atlanta area and throughout Georgia.

When Can Workers’ Compensation Benefits Be Denied?

Being fired does not legally prevent or stop the receipt of workers’ compensation benefits. The reason for the firing and when it occurs are important factors in determining if an injured worker will receive benefits.

Sometimes a firing after a work accident is justified, but many times it is not. A justified firing (for cause) is more likely to result in the denial or suspension of workers’ compensation benefits. Situations when a firing may be justified or for cause following a work accident include:

  • A positive drug or alcohol test result shortly after a work accident
  • Misuse of company equipment that led to a work injury
  • Missing work without a doctor’s excuse
  • Arguing with or being disrespectful to your boss or supervisor
  • Personal activities or horseplay during work time that led to an injury
  • For refusing to perform light duty work approved by the treating physician

When Is Firing Unjustified?

Situations when a firing may not be justified following a work accident include:

  • For reporting a work accident
  • For filing a workers’ compensation claim
  • For refusing to perform work greater than the restrictions assigned by the treating physician
  • For hiring a workers’ compensation lawyer
  • For missing work with an excuse from the treating physician

If a firing takes place after workers’ compensation benefits are received, it is unlikely that these benefits will be affected. It is more likely that workers’ compensation benefits will be denied if the firing occurs before benefits are received or after income benefits are suspended. A firing will usually affect an injured worker’s entitlement to income more so than medical benefits.

For Legal Advice If You’ve Been Fired Following A Work Accident

If you have been terminated following a job accident in Georgia call attorney Mark A. Skibiel at 770-968-3445 or toll-free at 877-874-6650 to schedule a free consultation. Hablamos español..

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Mark was very knowledgeable and kept me informed with my case. He wasn’t intimidated with the large law firm. I know for a fact that without his expertise and diligent work ethic my settlement wouldn’t have reached the amount it did. He worked far beyond what I expected, meeting with the company doctor, therapist, and insurance representatives. HAVE A TALK WITH HIM ITS FREE!!!!!
-Royce – Fayetteville, Georgia – Work Injury

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Mark takes the time to get to know you as a person, not just as a case. He’s an attorney you can trust to keep you informed on every aspect of the case. I received all info about the case as soon as he did, and Mark carefully answered every question that I asked. I would recommend Mark to anyone who is in need of an honest attorney.

– Derry – Riverdale, Georgia – Work Injury

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When my adjuster refused to pay for lost wages and for prescriptions, I felt the need to hire an attorney. After a brief consultation, I hired Mark. Within days, I saw results in my case. Everything that happened in my case went exactly as he told me it would happen in our initial consultation. When we went to the hearing, it seemed very one-sided and we won “hands down.” From start to finish, my case lasted less than nine months. My lost wages were recovered, and a sizeable settlement as well. Kudos Mark.

– Ronald – Stockbridge, Georgia – Work Injury

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Mark explained, in detail, how the law would apply to my case and assured me it would take some time for me to accomplish my goal. During my case Mark and his staff kept my wife and me informed and updated. Every time my wife or I called Mark’s office we were able to get a response from either him or his staff. When we settled my case, it was more than I ever expected. Mark and his staff were professional in handling my claim. My experience with Mark and his office was wonderful!

– Timmy A.
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