What Happens to Your Workers’ Comp Benefits If You Lose Your Job?
Man with injured leg sitting on sofa.

When you are injured on the job in Augusta, workers’ compensation benefits can help cover your medical treatment, lost wages, and more as you recover and try to return to work.

Sometimes employees lose their job while they are still receiving workers’ compensation benefits for on-the-job injuries. This can raise understandable concerns about the status of their workers’ comp benefits for the long term.

If you recently lost your job while receiving workers’ compensation benefits, you may be struggling with some of these concerns. Workers’ compensation laws and regulations are complicated so it’s always in your best interest to contact an experienced workers’ compensation attorney for definitive answers about your benefits.

At Gregory Smith Law, LLC, our trusted lawyers focus exclusively on Georgia workers’ compensation law. Our team has the resources and experience needed to tackle even the most complex workers’ comp cases. We are ready to work relentlessly to pursue the benefits you deserve.

Whether you have already lost your job or you anticipate that you may lose your job soon, we’re here to help. To learn more about how we can help you access and retain the benefits you deserve, contact us today for a free initial consultation.

What Happens to Workers’ Compensation Benefits If You Are Fired or Laid Off?

The state of Georgia is an employment at-will state. This means that without a written contract defining a specific duration for your employment, your employer may terminate you at will, either for a particular cause or for no cause at all. Your employer is only prohibited from terminating your employment for illegal reasons, such as for retaliation against whistleblowing or discrimination based on a legally protected class. Employers are not required to hold employees’ jobs open indefinitely. The law recognizes that employers need to remain fully staffed with qualified workers in order to function.

If you are fired or laid off through no fault of your own while receiving Georgia workers’ compensation benefits, you should continue to receive those benefits until they are legally suspended for a valid reason.  As long as you sustained the injury while performing work-related tasks, your employer’s workers’ comp insurance carrier remains obligated to cover your medical treatment, lost wages, and other benefits.

How Does a Workers’ Comp Claim Affect Future Employment?

Georgia employers are not permitted to screen potential employees for previous workers’ comp claims. However, after you receive a new employment offer, any background checks your prospective employer runs may reveal the existence of prior workers’ comp claims or any legal action you took against former employers.

It is illegal for employers to withdraw job offers based on past workers’ compensation claims. However, some employers may be wary of prior claims or lawsuits and may try to rescind your offer under false pretenses. If you are concerned about how a workers’ comp claim may affect your future employment prospects, it’s best to hire a knowledgeable workers’ compensation attorney to protect your rights and help you navigate the system.

Contact a Georgia Workers’ Compensation Attorney Today

The attorneys of Gregory Smith Law, LLC, have more than 25 years of experience helping injured workers get back on their feet after an on-the-job injury. We are not afraid to stand up to big insurance companies or corporate lawyers.

Contact us today to discuss the details of your Augusta workers’ compensation case in a free initial case review.

About the Author

Gregory Smith
Gregory founded Gregory Smith Law, LLC in his hometown of Augusta in 1993. Since that time, he has focused his practice exclusively on representing injured workers and their families after serious on-the-job accidents in Augusta and throughout Georgia. Gregory earned his undergraduate degree in accounting from Augusta College and law degree from Mercer University’s Walter F. George School of Law in Macon. He is a member of the State Bar of Georgia, Augusta Bar Association, and the Georgia Injured Workers’ Advocates, an organization dedicated to protecting the rights of injured and ill workers in the Peach State. When he’s not in the office, Gregory enjoys bicycling, fishing, and spending time with his wife and three children.