Source: The Atlanta Journal-Constitution
March 18, 2020
Marriott, the largest hotelier in the world, just announced that they were furloughing tens of thousands of employees throughout the United States. This means that while not technically fired, these employees do not have a present place to work. In the same announcement, Marriot stated that these employees will not be paid while on furlough, though some will receive health insurance benefits.
How does this affect eligibility for workers’ compensation cases?
If an individual is injured on the job and reports their injury to a supervisor, they have 1 year to file a notice of a claim with the State Board of Workers’ compensation in Georgia if they have not received any medical treatment or indemnity benefits paid for by the workers’ compensation carrier. If the injured worker has received medical treatment paid for by the insurance carrier, they have 1 year since the last date of paid medical treatment to file a claim. Finally, if they have received indemnity benefits, they have 2 years to file a claim.
This means that even if they were hurt before the furlough, an employee of Marriott may still have time to file a workers’ compensation claim and get treatment for their on-the-job injury. Furthermore, if they are already receiving benefits for an injury that took place while they were working for Marriott, they will continue to receive benefits during the furlough.
The furlough may adversely affect individuals who were working light duty jobs after being hurt while working for Marriot. If they have never been out of work, they may not be eligible to receive workers’ compensation during the furlough. However, if they have received benefits before and are now performing light duty work, they may now be eligible to get paid through workers’ compensation during this furlough.
What to do if you have questions about being laid off?
If you have been injured on the job and are subsequently laid off or furloughed, please contact a lawyer at Gerber & Elkins immediately. There are important statutes that may be coming up. An attorney at Gerber & Elkins can help guide you through the process.
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