Can my employer fire me for filing for workers’ compensation benefits?

The state of Georgia is considered an “employment-at-will” state. This means that unless you have an employment contract or have been the victim of discrimination in the workplace, you can be fired for any reason at all. If you were clearly fired for reasons related to your workers’ compensation claim, your temporary total benefits should start immediately. If, however, it is unclear whether your workers’ comp claim is the reason for your termination, you may need to look for work. You can then prove the reason you are unable to find employment is because of your WC claim resulting from your injury from your last job. If you can show this, you would be entitled to temporary total benefits. If you are on regular duty work with no restrictions and your employer fires you, you will not be entitled to further temporary total benefits. If, however, you have work restrictions when fired, you could potentially be entitled to keep your worker’s compensation benefits. So, although you could be fired for filing for workers’ comp, you could have rights under the federal Americans with Disabilities Act or other federal laws.

When can workers’ compensation cut off my benefits?

Essentially, there are three times when the insurer can stop paying your workers’ comp benefits. These include: When the authorized treating physician releases you to normal duty work—work with no restrictions. The insurance company must file a WC-2 suspending your benefits, so if you did not receive this WC-2, speak to an experienced Dalton workers’ compensation attorney. If you are offered light-duty work and you return to that light-duty work making as much or more than you were prior to your workplace injury, your WC benefits can be stopped. If your company offers you light-duty work and fills out the form WC240, obtaining a doctor’s signature regarding your specific job duties, they must send you notice of the job. They must then provide you with 10 days to return to work. If you refuse to return to work and the WC240 has not been revoked by the doctor, your benefits can be suspended.

Dalton Workers’ Compensation Attorney

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Workers Comp Lawyer in Dalton, GA

Every state in the United States has its own laws and requirements for workers’ compensation insurance. These programs provide payment of lost wages, medical treatment, and rehabilitation services to workers suffering from an occupational injury or disease. Most business owners with full-time or part-time employees in the state of Georgia are required to carry workers’ compensation insurance.

There are a few exceptions to the requirement for workers’ compensation, including U.S. government agencies (federal employees), farmworkers, domestic workers, independent contractors, employers with three or fewer full-time employees, and some railroad carriers. Having a Dalton workers’ compensation attorney by your side following a workplace injury or illness can make a huge difference in the outcome of your claim.

About Dalton, Georgia

Dalton, Georgia is conveniently located on I-75 between Atlanta and Chattanooga. Dalton is known as the Carpet Capital of the World, thanks to the ingenuity and entrepreneurship of 15-year-old Catherine Evans-Whitener. Today, Dalton is home to more than 100 carpet plants, including Mohawk Industries and Shaw Floors.

Mohawk Industries is the world’s largest flooring company, with $10 billion in worldwide sales in 2019. Mohawk Industries has more than 41,000 employees worldwide. Shaw Floors is also a nationwide corporation and winner of the Best of Houzz Design Award in 2018. These two flooring companies, along with many others, offer employment to many in the Dalton area.

You will love Dalton for its southern hospitality along with a mix of tradition and modern flair. This area was known as the Enchanted Lands by the Cherokee for the beauty and serenity of the foothills of the Appalachian Mountains. As the county seat of Whitfield County, Georgia, Dalton has a population of approximately 35,000.

Dalton is also included in the Dalton metropolitan statistical area with a population of approximately 150,000. Dalton is in the foothills of the Blue Ridge Mountains and is the second-largest city in northwest Georgia. The Dalton Convention Center routinely showcases such events as the Georgia Athletic Coaches Hall of Fame.

Why Choose The Law Offices of Darwin F. Johnson for Your Dalton, Georgia Workers’ Comp Claim?

At The Law Offices of Darwin F. Johnson, LLC, we want you to know that we can help you with your Georgia workers’ comp claim. Workers’ comp claims in the state can be complex; when they are not handled correctly you could be denied benefits. To avoid jeopardizing your entire claim due to an avoidable mistake, having an experienced Dalton workers’ compensation attorney in your corner is crucial. At The Law Offices of Darwin F. Johnson, we have handled more than 10,000 cases, recovering more than $250 million for our clients. We have more than 150 positive Google reviews and serve the entire state of Georgia.

As a premier workers’ compensation practice, The Law Offices of Darwin F. Johnson have extensive training and experience in the field of Georgia workers’ compensation. We will vigorously pursue all damages you are due following your workplace injury or illness. We are very familiar with how some employers and their insurers may attempt to manipulate or bully you, keeping you from obtaining the benefits you need and deserve.

Workers’ Compensation Claims in Dalton, Georgia

The goal of workers’ compensation is to allow workers injured on the job to obtain medical benefits along with wage compensation and rehabilitation costs without having to sue their employer. Workers’ compensation also pays death benefits to families of employees killed on the job. Even if the employee is at fault, or partially at fault for the accident, he or she is still entitled to workers’ compensation benefits.

In general, if your employer has three or more employees and does not fall under one of the exceptions listed above, you are covered by workers’ compensation—so long as your injury is the result of a task that rose out of the course of your employment. Even so, enforcing your workers’ comp rights can sometimes be challenging, with complex forms and procedures to follow. Having a knowledgeable Dalton workers’ compensation attorney can truly make a difference in the outcome of your workers’ compensation claim.

FAQs Regarding Dalton, GA Worker’s Compensation

Can my employer fire me for filing for workers’ compensation benefits? The state of Georgia is considered an “employment-at-will” state. This means that unless you have an employment contract or have been the victim of discrimination in the workplace, you can be fired for any reason at all. If you were clearly fired for reasons related to your workers’ compensation claim, your temporary total benefits should start immediately. If, however, it is unclear whether your workers’ comp claim is the reason for your termination, you may need to look for work. You can then prove the reason you are unable to find employment is because of your WC claim resulting from your injury from your last job. If you can show this, you would be entitled to temporary total benefits. If you are on regular duty work with no restrictions and your employer fires you, you will not be entitled to further temporary total benefits. If, however, you have work restrictions when fired, you could potentially be entitled to keep your worker’s compensation benefits. So, although you could be fired for filing for workers’ comp, you could have rights under the federal Americans with Disabilities Act or other federal laws.
When can workers’ compensation cut off my benefits? Essentially, there are three times when the insurer can stop paying your workers’ comp benefits. These include:
- When the authorized treating physician releases you to normal duty work—work with no restrictions. The insurance company must file a WC-2 suspending your benefits, so if you did not receive this WC-2, speak to an experienced Dalton workers’ compensation attorney.
- If you are offered light-duty work and you return to that light-duty work making as much or more than you were prior to your workplace injury, your WC benefits can be stopped.
- If your company offers you light-duty work and fills out the form WC240, obtaining a doctor’s signature regarding your specific job duties, they must send you notice of the job. They must then provide you with 10 days to return to work. If you refuse to return to work and the WC240 has not been revoked by the doctor, your benefits can be suspended.

How a Dalton Workers’ Compensation Attorney from The Law Offices of Darwin F. Johnson Can Help

If you work in Dalton, GA or the Atlanta region and have been injured while on the job you rightfully expect that your on-the-job injuries are covered under workers’ compensation. Unfortunately, this is not always the case. Having an experienced Dalton workers’ compensation attorney can make a significant difference in the outcome of your WC claim. At The Law Offices of Darwin F. Johnson, we understand how a workplace injury or illness can leave you reeling, unsure of where to turn. We have extensive experience successfully representing Georgia workers’ compensation claims to the Board and in the courtroom. Do not try to handle your WC claim on your own—contact The Law Offices of Darwin F. Johnson today.