Legal Question in Workers Comp in Georgia

Termination-what can I do??

I fell and hurt my shoulder and knee at work. Went to emgcy room and they said to follow up w/orthopaedic surgeon, so I called my company and asked what doctor to go see. I saw doc and he wrote orders for me to be on light duty until I get an MRI..he said he would fax the order to my company and ins. company. I waited day and 1/2 to call co. to see if they got fax and if they have a light duty job and they said I have been dismissed for not calling in for two days. I know their company policy IS to call in every two days, but is it legal for them to fire me since I thought they were in contact with the doc/ins. agcy? Is there anything I can do?


Asked on 2/20/02, 9:30 pm

2 Answers from Attorneys
Jonathan Pope Hasty, Pope & Ball

Re: Termination-what can I do??

Firing an employee with a work related injury is never a good thing for the employer. I would suggest you seek counsel as soon as possible. THey can then get in touch with the adjuster for the insurance co. or thier attorney and work out the details. A judge never likes to see a situation where the employer has sent an injured worker to a physician and then fired them for not reporting to work.

Read more
Answered on 2/27/02, 11:31 am
Lisa Schrage Law Offices of Lisa S. Schrage, P.C.

Re: Termination-what can I do??

Unfortunately, you can't really make your employer give you your job back. However, that doesn't mean that you are no longer entitled to workers' compensation benefits. They will probably fight you on the issue of benefits which means that you will have to request a hearing. In the meantime, file and fight for unemployment benefits so you will have some sort of income pending a hearing. Also, you may have grounds for an ADA (American's with Disability Act) claim because your employer may have been able to accomodate your restrictions, but refused to do so. Good luck.

Read more
Answered on 2/21/02, 11:37 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Georgia