workers comp wrongful termination

i was recently forced to resign from my
job. i felt i was set up by my manager is
there anything i can do. two i have a
workers comp claim that never got
settled but i still had to pay for what
can i do about that.

Asked on March 13, 2019 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Resigning (or being fired) does not invalidate a worker's compensation claim for a job-related injury suffered while still employed. If you were hurt while employed, you are entitled to worker's compensation. You can still pursue your claim.
Note that while you state that you were "forced to resign," legally there is no such thing as being forced to resign: either you resigned (chose to leave) or you were terminated (fired). If you resign for any reason, including to avoid being fired, it is simply treated as a resignation: as a voluntary decision to leave employment. There is no legal difference between resigning under pressure or resigning to pursue a better opportunity.


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