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Fired from work!!!

Atlanta, GA |

Can you be fired from work if you are in pain and LEAVE because of it? You are back to work b/c company doc sent you back with no real exam. Not sure if I asked this before, don't think I have though

Attorney Answers 6

Posted

Yes, except in very rare cases, your employer can fire you for any reason including leaving work due to pain from an injury. If they do that, and you are under work limitations due to the injury, then either they their insurance company would probably have to pay you workers comp disability for being out of work. Because of that, most employers will not fire you if you leave due to your injury. At least not right away.

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Posted

Yes, you can be fired for leaving work due to pain. In Georgia, an at-will employment state, you can be fired for almost any reason. If you are in pain and left work because of it, you should speak to a workers' compensation attorney immediately as your right to income and medical benefits may be impacted by your termination. Feel free to call me for a free consultation.

B. Shawn Rhodes
Powers and Rhodes, LLP
478-227-5997

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2 lawyers agree

Posted

Yes, you can be fired. But, it might affect the employer's obligation to pay you work comp. Talk to a lawyer.

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Posted

Georgia is a Right to Work state. Unfortunately, you can be fired for almost any reason. The bigger question is if you are now entitled to workers' compensation benefits. I would recommend that you go back to the company doctor. If you have been fired for reasons related to the on the job injury, you could be eligible for benefits. The doctor will have to determine if you could have done the job. You are in a tricky situation because you left work. I would encourage you to discuss this with a lawyer immediately.

Good luck.

Tom Holder
404-523-6100

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6 lawyers agree

Posted

Unfortunately, Georgia is an "at will" employment state and they are permitted to fire you, even if you leave work because of pain. I do suggest that you speak to an attorney quickly though as you may have several other rights in regards to further medical treatment, etc. that you need to take advantage of. Please feel free to contact our firm if you have any additional questions.

Kindest Regards,
Sarah

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Posted

You live in a right to work state, which basically means you have the right to work cheap and with very little job security. You do have legal rights under workers comp, though. The longer you wait to retain a lawyer, the harder your case will be to prove.

The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Consult an experienced lawyer in your state for specific legal advice.

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1 comment

Asker

Posted

You are so true about that

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