Injuries Under Georgia Workers' compensation - What Injuries Are Covered?

Injuries Under Georgia Workers' compensation - What Injuries Are Covered?

Atlanta Car Accident Attorney - Injuries Under Georgia Workers' compensation - What Injuries Are Covered?

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You know you are injured, but is your injury covered by Workers' Compensation?

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Georgia's workers' recompense laws wish that for recompense to be due, an injury to an worker must 1) "arise out of" and 2) "in the procedure of" employment. These are deceptively complicated requirements here in Georgia. There is no clear cut test for whether of these requirements. Below are some of the major considerations:

"Arising out of employment" Must be a causal relationship between the health of the work and the resulting injury Injury must spin to the employment and not be independent if it An emergency arises out of employment when the emergency arises because of the employment "In the procedure of employment": An emergency must occur within the time period of employment At a place where the worker reasonably may be in the performance of their duties While the worker is fulfilling their duties
Is my at-work injury covered by workers' compensation?

Aggravation of preexisting conditions

Your boss is required to pay for an at-work aggravation of your preexisting conditions. However, they are only required to compensate you to the point where you have returned to the pre-aggravation condition. For example, if you are over the age of 40, your back is likely not as wholesome as it was when you were in your 20s. You might have what doctors call "degenerative discs" in your spine. These discs can be injured more absolutely than wholesome discs, but your boss would still need to compensate you should you injure your back at work.

Occupational Diseases

Your boss may be required to pay for an "injury" due to a disease which is a definite risk of your job. In some rare circumstances this can contain a psychological or nervous injury due to long-term stress or other job-related factors. There can be complicated limitations to coverage for occupational diseases. If you wish to go forward with a claim based on a disease believed to be advanced out of the procedure of your employment, it is very advisable that you taste an attorney.

Practical jokes/horseplay injuries

An boss is not required to pay for an injury to a party bright in horseplay or roughly joking while working hours. However, an injury suffered by an innocent worker due to the horseplay of a fellow worker is covered.

On the job fights/assault

Generally, injuries while fights at work are not compensable where the fight is not linked to your employment. Additionally, an injury resulting from an charge by a third party (non-employee) at work is not covered where the charge by a third party is for reasons personal to the employee. For example, the charge of a store clerk while a robbery would be compensable, but an charge by a fellow worker or third party arising from a dispute over who has the fastest car would not be compensable.

Psychological or emotional illnesses

Generally, psychological or emotional injuries are only covered to the extent that the health arises from a corporeal injury. In other words, if an worker develops a psychological condition, like depression, based on a purely emotional situation it likely would not be covered. However, if the same health resulted from an fundamental corporeal injury, it would be covered. Additionally, if an emotional injury, like stress, manifests itself in a corporeal way, those corporeal injuries (ex. Headaches or blurred vision) may be covered by workers' compensation.

Is my off/after work injury covered by workers' compensation?

Off-work aggravation of work injuries

You boss is required to pay for many off-work aggravation of work injuries. However, an boss would not have to pay for an injury if it was found that the negligence of the injured worker in aggravating the health had thoroughly broken the relationship to the former injury.

After work activity injuries

If you are injured while not absolutely working, but participating in a work activity or recreation event (like a company picnic or softball game) the injury may be covered by workers' compensation. While no one fact controls, below are some factors that may be weighed to rule whether the injury is covered. Did the emergency occur on the employer's premises? Was the event/team organized by the employer? Did the boss pay for the activity? Did the boss advantage from worker participation in the event?

Injuries going to and from work

For employees who work at a fixed location and do not voyage as part of their job (unlike taxi cab drivers, truckers, pizza delivery persons), injuries sustained while going to or from work are not covered. However, there are some exceptions to this rule: When an boss has furnished transportation to the worker When the worker runs a useful errand for the boss while going to or leaving work (ex. An emergency while dropping off mail for your boss on the way home) When the worker is on call When the worker is reimbursed for transportation costs When the injury occurs in your employer's parking lot as you arrive or leave
Rest Breaks/Lunch Breaks

Injuries while scheduled lunch or rest breaks are ordinarily not covered by workers' compensation. However, injuries while unscheduled rest breaks may be covered in some instances, depending on the employer's rules with regard to breaks as well as what you were doing while that break.

During both lunch and rest breaks, if you are doing something in furtherance of your employer's company or by your employer's instruction, an injury while that time is likely covered by workers' compensation. Examples contain running an errand for your boss while lunch or carrying tool from one part of a shop to another while a rest break. These actions transform the non-work period into covered time.

Business linked Travel

When traveling on company for your employer, most injuries are going to be covered regardless of when it occurs. However, there are exceptions to this rule.

Notifying your boss of an injury

Notice of the injury must be given whether orally or in writing within 30 days after the emergency or within 30 days after a death from an accident. There are however, some exceptions to this rule. When the worker has been prevented from giving consideration by corporeal or thinking incapacity. When the worker is prevented from giving consideration by the employer's fraud or deceit. When the boss (or a supervisor or foreman) has knowledge of the accident.

Your boss must be told not only of an accident, but that you were injured from the accident. However, this consideration does not need to come directly from an injured employee. It could come, for example, from an employee's spouse, child, or a fellow employee. The consideration must be made to someone in supervision (like a supervisor or foreman), not just a fellow employee.

If an injury is not known until more than 30 days after the accident, the 30 day period does not begin to run until you first had conjecture to perceive the injury was from the accident. In the case of a gradual injury (like a slowly developing back problem) that causes you to stop working, you must still give consideration to the boss that you are stopping work because of the work-related injury.

This article is made ready for educational purposes only, to give you general information and a general insight of the law, not to provide definite legal advice. This should not be used as a substitute for competent legal advice from a licensed pro attorney in your state.

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