Legal Question in Workers Comp in Georgia

Worker compensation entitlement dispute.

I was enroute to work when I was involved in an auto accident. I was in uniform and only 1 mile from work.

I was employed at the time with my hometown Police Dept. It is understood by the police officers employed there that "You are on the clock for 8 hours a day but you are a police officer 24 hours a day and subject to call at any time." This according to the Chief of this Dept. My question is, since I was in uniform and enroute to work when I had the accident, am I entitled to workers compensation benefits under Ga. Law. I have heard of cases similar to mine where the courts have ruled in favor of the employee. Also,

I was made to resign when my doctor stated I could no longer perform the duties of a patrol officer due to my injuries and the disability I was left with. Therefore my second question is, was my forced resignation legal? Also, do I have a case in which the city could be ordered to give me my job back and give me the back pay for the time I have missed? Help!,

I need some advise on this matter asap as the one year time limit to file a claim will expire in 60 days.

Asked on 12/22/99, 2:13 am

1 Answer from Attorneys

Alex Simanovsky Alex Simanovsky & Associates, LLC
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Re: Worker compensation entitlement dispute.

Based on your post, it seems that you would be entitled to worker's comp. As for your termination, unfortunately Georgia is what is called an "at-will" state; meaning that you can be fired for any reason (unless it is in violation of Federal employment law). Since you could not perform the functions of your job, your employer did have the right to terminate you. If there are extinuating circumstances, those will need to be discussed further.

If you have any further questions regarding your worker's comp claim, please contact me at 404-824-0010 or at alexs@earthling.net

Sincerely,

Alex Simanovsky

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Answered on 12/27/99, 5:21 pm

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