What Happens When You're Fired During Your Workers' Comp Claim? | Georgia Workers’ Compensation Atty

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What if you're fired during the middle of your workers compensation claim? Hello. My name is Ty Wilson. I'm a Georgia worker's compensation attorney, and our question today is, what if you're fired during your workers’ compensation claim in Georgia? There are questions that I would have for you as far as how did the termination happen? Were you terminated because they could not accommodate you because of your injuries? And they told you just to go home. And they just said, you know what? This isn't going to work out. We have a construction job. We need you 100%. You hurt your back, we cannot have you back. So we're just going to part ways and they terminate you. Well, if that's how it happened. Good news. You should still get income benefits as long as you're not full duty, meaning weekly checks and still get medical care as it relates to your claim. And so that type of termination will not have a devastating effect on you. Obviously, if you can't go back to the work physically that you were able to do, then you're going to need to look for work at some point once you're physically able to do so down the road.
Now, how does that situation change and make it unfavorable to you? Well, if you go back to work, they return you back to work. And we had one individual who was set up by several guys. They started messing with him, calling him names, pushing his buttons, and he lost it, and Lo and behold, right as he lost it. Someone managed to video him getting upset, making outrageous statements. Some included threats, just very angry at the situation. Provoked but nobody showed the provocation or the guys were provoking. But it was five of them. And basically what they single handedly did is they got him terminated for reasons completely unrelated to his work injury. So what does that do? Well, that gives the employer and the insurance company the opportunity to stop the weekly income benefits. And that can be devastating to your claim. You still arguably have medical care as it relates to your claim. And so your claim would be deemed a medical only claim moving forward. But without those income benefits, that can be detrimental, especially if you are physically unable to work or in a very light duty capacity where it will be very difficult to obtain work readily available.
And so that is the distinction. The distinction really is based upon where you terminated for your work injury or because of your work injury. Were you terminated for reasons unrelated to your work injury. And so if you return back to work, you really want to talk to a Georgia workers compensation attorney. If you have one, you talk to your attorney. If you don't have an attorney, you want to reach out, we give free consultations all the time. And a lot of the callers that we speak with, we do not represent and never will it just depends on where their case is. A lot of people are just calling to try to get information, and that's one of the reasons we have attempted to address this in this video.
So it's critical that you understand the facts that relate to your claim because everybody's claim is different. We all work in different places. We all have different managers. We all have different personalities, and some of those personalities can be difficult. Adjuster can be difficult. Sometimes, adjuster can be great sometimes, but then the boss can be difficult. The boss can be great. The adjuster can be great. You have issues with the doctor. So there's a lot of different moving parts with these work injury claims.

[charlesgonzales]

What if my workers comp surgeon specialist has me on light duty and my workers comp check up doctor puts me on full duty the next day? 🤔 why would my work com specialist say one thing and my work comp doc say another?

[Denshosan]

What if your claim was denied and the doctor send you back to light duty but the employer gives you a different position where you lose a lot of wages ( tips ) should you ask the doctor to prolong the disability and collect EDD checks or accept the offer and go back to light duty ?

[michaelkreisel]

Thank you fir the very informative information. I’ve asked my lawyer several times this same question her response is consistently “I’m waiting for information” we’ve been waiting for 6 weeks. Because I was dismissed and have not received TTD benefits can I apply and collect unemployment benefits. I asked my attorney and she said no. How is that ok if I was dismissed and I dint have any cash flow,

[Gokywildcats]

This happened to me in here in Kentucky, I was terminated, discriminated, bullied and harassed and I don't know what my rights are, . Is the termination settlement part of workers comp, or can a retaliatory discharge claim be filled

[pennyhenry]

What if you are not allowed to work because of your injury even if you are on light duty and you get terminated during this time. Can’t obviously look for work at this point till doctor releases to go back to work.

[deedeemoore]

I have a question can I go to a concert if I'm on federal.workers comp ?

[bobbybyrd]

Can your employer drop your health insurance while on workers compensation

[chiyamthetruthhurtssum]

What can a client do if his lawyer have show they wasn’t in their best interest and they received their portion of a check but mysteriously your check was supposed sent to the same address but was sent to another example 16 s street but 15 a street and now the lawyer is saying they not responding to emails and have confirmed the check was canceled but waiting on the cancellation to issue another one and the attorney says they will not per-sue the penalty but wants you to wait and per-sue it yourself, what can a client do to handle this situation thank you so much…..

[marvelprofessor]

I hired a worker's compensation firm to settle the claim. The worker's compensation insurance responded back saying the maximum they can offer is $7, 500 which is nothing. This means I will only get $5, 500 and the attorney will get $2, 000. The questions is what happens if I don't accept the offer? Will I owe anything to the worker compensation firm attorney in Georgia? The attorney said the case will remain open or that they will withdraw and if they withdraw that I will not owe them anything. Is this true? She said they will file a lien. Does this mean I will owe them? The actual contract says that if I terminate or if the firm withdraws that I will owe them $400 per hour or 25% of the highest settlement that was offered. The lawyer said several times that if I do not accept the offer they will either keep it open or withdraw and that I will not owe anything. Is this true that if I do not accept the settlement, I will not owe anything to the firm? Can you explain what a lean or lien is? Is this done when I agree to a settlement only or is it done when I don't agree to a settlement? The settlement is very little that it will only last 2 months then I will have to find another job. This is why I am not going to accept the offer and continue working with the company as long as I can. The worker compensation insurance is saying I will take FCE test the doctor is requesting. Ever since I opened the claim with the worker compensation firm, the insurance has kept the FCE test on hold. I was told I can see a second opinion for a doctor which I will do. What should I do with the firm attorney I hired? Tell them to withdraw? The longer I keep the claim open, the more money the firm can make? When I see the second doctor with the insurance and the FCE test, the firm attorney will tell me to send them paperwork they can process and therefore charge me more for what I owe them even though I didn't accept the settlement?

[jbrdbr]

What if they fired you because they said they could not get in contact with your attorney? Thats what happened to me.

[Gokywildcats]

Are you an attorney for Georgia and ky