Legal Question in Workers Comp in Georgia
I recieved my injury on the job in a piece of equipment broke (it was defective). I have not missed any work except for doctor appts. I do not know if they are seeking renumberation from the manufacturer for the defective equipment.
My fear is that the company may try to fire me in retaliation, but use some other excuse such as downsizing, performance, etc. I am an older worker and it would not be easy for me to get another job.
After my experience, I am assuming other employees have been injured in the past and claims have never been filed by the company for them either.
They initially did not want to file WC, but I informed them it was law and then reluctantly file for me.
Do I have any recourse if they attempt to fire me or do fire me?
2 Answers from Attorneys
I am presuming that you working with some sort of physical limitations or on light duty work status. Generally, if the employer terminates you (as a Georgia employee) because of your work injury, then you would be entitled to workers' compensation benefits. However, if you are terminated for a reason unrelated to your work injury (lay-off or downsizing as you mentioned), you may still be entitled to workers' compensation benefits provided that you conduct a diligent and sincere search for suitable employment (within your medical restrictions). These cases are very fact sensitive and you should consult a lawyer who handles workers' compensation cases. www.ramoslawfirm.com.
You should speak with a workers' compensation attorney. I have a colleague that specializes in workers' compensation claims. I am interested in the defective equipment claim. What are the details surrounding the injury?
I look forward to hearing from you.
Sincerely,
David H. Glass 404.529.9081
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