Worker’s Compensation

Georgia employment law attorneys at Martin & Martin handle cases that include claims for worker’s compensation. Many times, a worker’s compensation case and discrimination or wrongful termination case go hand-in-hand. Unfortunately, under Georgia’s worker’s compensation law, an employer is not barred from retaliating against an injured employee who files a claim for worker’s compensation. However, discrimination and retaliation attorneys, Kimberly Martin and Tom Martin, have litigated these cases on various other legal theories under federal employment laws, including disability discrimination under the Americans with Disabilities Act (ADA); age discrimination under the Age Discrimination in Employment Act (ADEA); and retaliation for taking protected leave under the Family Medical Leave Act (FMLA). While attorneys, Kimberly Martin and Tom Martin, do not personally handle the worker’s compensation aspect of the case, they work together with highly experienced and well-regarded worker’s compensation attorneys. The two law firms work together to represent injured Georgia workers in their claims for worker’s compensation and discrimination/retaliation to ensure that all avenues of recovery have been accessed on behalf of the employee.

An example of this tandem case representation is when an employee injures themselves at work and takes protected leave under the FMLA. Upon returning to work, the employer immediately terminates the employee. The employee may be entitled to worker’s compensation for their injury at work, but they may also be entitled to compensation because the employer violated the FMLA by not placing the employee in the same or similar job position upon return from protected FMLA leave. Additionally, depending on the facts of the case, the employee may also be entitled to compensation under the ADA if the employer discriminates against the employee on the basis of either an actual disability caused by the accident or the employer’s perceived view that the employee has a disability.

The attorneys at Martin & Martin are passionate about representing workers who have been injured at work and thereafter, treated unfairly by their employer. Kimberly Martin and Tom Martin know the stress that an injury itself can cause an employee let alone one that is combined with an adverse employment action like termination -- especially, when the employee is terminated and their insurance switches to outrageously priced COBRA.

If you have been injured at work and have questions about your rights for worker’s compensation and/or federal employment laws like the FMLA, ADA, Title VII, or the ADEA, the employee rights attorneys at Martin & Martin have a combined over 35 years of legal experience and would welcome the opportunity to speak with you. Attorneys Kimberly Martin and Tom Martin, are typically available for same day free confidential consultations. Contact them through the firm’s Contact Us form call the firm directly.