Many injured workers simply want to get better and go back to their job. Unfortunately, it doesn’t always work out that way. Many people are surprised to know that even if you have a regular or full duty release from your doctor after a work injury, your employer doesn’t have to offer you your job back in Georgia. Many times, especially after a surgery or a significant injury, we advise people not to return back to the same employer. People often ask why. Brad Scurry’s case with Walmart demonstrates exactly why.
Mr. Scurry was shot by an accused shoplifter while working at Walmart. Despite his significant injuries, he was able to return to work. However, he was soon written up and then fired.
This is not uncommon, unfortunately. And when this happens, presumably Mr. Scurry was released back to his regular duty job. This limits the value of his claim. so if a person obtains a regular duty release, returns back to their job, and then gets fired, they have little recourse and very little case value. It’s for exactly this reason that we recommend people do not return back to their job after a significant work injury. It’s typically in the injured worker’s best interest to discuss a settlement, which typically includes a resignation, rather than risk returning to work, being fired with little or no consequence, and being left with a case with no value. This is why it’s imperative to contact an experience firm like Gearhart Law Group.
