Nov 11, 2019

If I was Fired, Can I Still Get Benefits?

Following a work injury, hurt employees rely on their workers’ compensation benefits not only to cover the cost of treatment, but also as a source of income replacement while they are unable to work. If you are dependent on your workers’ compensation benefits to pay your bills while you can’t work, you may be concerned about what would happen to those benefits if you were fired.

What Happens to My Workers’ Compensation Benefits if I Get Fired?

In most cases, injured workers are still entitled to their benefits even if they are fired from that job. If you began receiving workers’ compensation benefits, you have an agreement with your employer and their insurance company that they will provide a certain amount in benefits for a specified period of time. Your employment status should not affect this previously decided agreement.

Employer Retaliation

Unlike other states, Georgia sadly does not explicitly protect workers from employer retaliation when they report a work injury. Employees who are fired before they can even begin the claims process may need to turn to their state’s workers’ compensation board in order to recover the compensation they deserve. Like cases of denied claims, you would need to request a hearing and appeal the case. The appeals process may be different than in the case of a claim denial because your former employer would likely not be involved. If you have evidence that your termination was because you attempted to file a workers’ compensation claim, that could help your case.

Hansford McDaniel LLC is committed to helping injured workers recover the benefits they deserve. If you were fired from your job and are concerned about your workers’ compensation benefits, contact us today.

To schedule a free consultation with our attorneys, complete our message form or call (770) 741-2825.