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Regrettably, Georgia is one of the few states that does not have a statute which expressly makes it illegal to retaliate against an employee for filing a workers comp claim. Georgia courts have examined the argument that termination in retaliation for a workers comp claim is actionable on a "public policy" theory" and have uniformly rejected this theory. See Evans v. Bibb Co., 178 Ga. App. 139, 140, 342 S.E.2d 484, 486 (1986), in which the court stated as follows:
"Appellant argues he was wrongfully discharged for pursuing his rights under the Georgia Workers' Compensation Act, OCGA § 34-9-1 et seq. ("Act"), and urges this court to adopt a public policy exception to an employer's right to discharge an employee at will when the right is exercised in retaliation for the employee's assertion of his rights under the Act. . . .Although many states have adopted such a policy . . .Georgia courts have refused to acknowledge any exceptions not encompassed by OCGA § 34-7-1, . . .and, in the absence of any express statutory provision for such a civil remedy in the Act, we decline appellant's invitation to create judicially such a remedy. Courts may interpret laws, but may not change them."
Since filing a workers comp claim is not a legally protected activity, and since employment in GA is "at will" absent an agreement to the contrary and thus can be modified or terminated at any time for virtually any reason, it would not typically be illegal for your employer to engage in the conduct you describe, even if you could prove it was because you filed a workers comp claim. Therefore, this is not a circumstance in which you would generally have any legal recourse.
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