Will I Be Dismissed If I Make a Claim Following an Injury at Work?

So, you’ve unfortunately been involved in an accident at work that has resulted in an injury. This injury has affected your ability to complete your normal working duties and you decide to make a claim. But you’re mindful of doing this because you depend on that income. You are unsure of what will happen next, particularly if you’re dismissed. If this sounds like you, read on to discover if you’ll be dismissed after making a claim because you’ve been injured at work.

Atlanta Law at Present

With Atlanta being an ‘at will’ state, it means that either you or your employer can terminate your contractual relationship at any time, except for a few exceptions. The phrase ‘at will’ implies that as the employee, you work at the will of your employer, meaning you can be dismissed for almost any reason, at any time, and without notice by them.

This includes if you have been injured at work. Additionally, if you make a claim following an accident at work, your employer can dismiss you. In other words, even if the accident occurs at work you are not protected by our laws and can lose your job. 

Your employer has the option of whether to keep you on or dismiss you, following such a claim. This is despite you possibly receiving medical care or financial assistance to cover your loss of earnings. As an employee, you are entitled to reasonably expect your workplace to be a safe environment, as discussed by https://butlerfirm.com/atlanta-office/, but this is not always the case. You may find yourself injured and dismissed. You may not be getting any financial help. This can be a distressing time, especially if the accident has occurred at your place of work and was beyond your control.

What Can I Do?

If you’re unsure about what to do, the first thing would be to seek independent legal advice from an experienced law firm that specializes in workplace injuries. It would be good to research into which law firm is best for you, especially if your income is affected. Fees vary, so finding a reputable lawyer that will not immediately expect monies upfront should be your first priority. Once you have found legal representation, you will be able to receive impartial information about how best to proceed with your matter. 

Filing for Workers’ Compensation

Although it’s illegal to be dismissed for filing for workers’ compensation, the reality is you can be dismissed thereafter. However, if you have filed a claim for workers’ compensation, you can still expect to receive it despite dismissal. 

Benefits of workers’ compensation include

• Full reimbursement of medical costs caused by your injury at work
• Disability payments for when you’re unable to work as a result of your injury at work, which includes:
• Temporary total disability benefits (TTD) if you’re unable to work for seven days or longer.
• Temporary partial disability (TPD) benefits if you’re unable to return to your normal working duties, but can return to modified duties, or undertake lighter duties. TPD pays the shortfall between the pay you receive for working in a position with lighter duties and what you received in your role pre-accident if there’s a difference.
• Permanent partial disability (PPD) benefits if you have a permanent injury but are able to still work in some capacity that will pay less than what you received in your employment pre-accident.

These payments should continue until your doctor decides you are well enough to no longer receive their care. An experienced lawyer will be able to further advise you about whether you can pursue further action, such as filing a claim for disability discrimination.

Third-Party Injury Claim

As worker’s compensation is no-fault insurance, it means you cannot sue your employer for your accident. Even if your employer is in some way responsible for your accident occurring, workers’ compensation law prevents you from using them. It’s because this type of compensation is usually provided, regardless of fault. However, this law doesn’t cover third parties such as vendors, the manufacturer of any faulty equipment, subcontractor companies and subcontractors, themselves. 

Your lawyer will be able to file this claim on your behalf and within a reasonable time frame. Such a claim could lead to compensation, whether it’s via settlement or awarded by a jury. Furthermore, this compensation wouldn’t affect your workers’ compensation benefits. Your lawyer will be able to advise you about this in more detail.

Obtaining a workplace injury can be a distressing time that’s made worse with the possibility of dismissal from your position. Don’t allow your employer to sweep your claims away. Instead, seek legal advice so that you can claim what’s yours. An experienced lawyer can not only assist you in ascertaining this but can also provide you with the necessary support to get you through such a stressful time. 

The bottom line is you will more than likely receive some form of financial compensation, but legal assistance will enable you to receive what you are entitled to receive to help you with your recovery and life beyond.