Workers’ compensation is a crucial system that covers medical treatment and a portion of lost wages if an employee suffers a work-related accident or illness. Most employers in Georgia are required to carry workers’ compensation insurance. Many employees wonder if their injuries are covered by workers’ compensation or not.
In general, workers’ comp pays if you suffer a job-related injury while performing work duties. The rules about compensable work injuries in Georgia workers’ compensation can be complicated in some circumstances, such as if you have a pre-existing condition.
If you aren’t sure if you have compensable injury, reach out to Workers’ Compensation Lawyers Atlanta for a free consultation. We can review your case to determine if you qualify. Our Atlanta workers’ compensation lawyers are dedicated to helping clients get the workers’ comp benefits they deserve.
What Are Compensable Work Injuries?
According to Georgia workers’ compensation laws, compensable work injuries are injuries and illnesses that “arise out of and in the course of employment.” This means most injuries that occur while an employee is performing their job duties are covered by workers’ compensation.
You may qualify for workers’ compensation benefits if a workplace injury significantly worsens a pre-existing condition. For example, if an employee with back problems suffers increased pain after a work accident, workers’ compensation insurance may pay for medical treatment.
The insurance company may argue an injury isn’t work-related and deny your claim. You need a skilled lawyer who can negotiate on your behalf and file an appeal if your claim is denied.
Occupational Diseases
Occupational diseases are illnesses that develop due to workplace conditions or exposures. In Georgia, to receive workers’ compensation for an occupational disease, an employee must demonstrate:
- The disease is related to your job.
- The disease is not a common ailment the general public is equally exposed to.
- There is a direct causal connection between the work conditions and the disease.
Common examples include respiratory conditions from inhaling harmful substances or skin diseases from exposure to irritants.
Are Accidents Traveling for Work Covered?
Accidents that happen off site may be considered compensable work injuries. For instance, if an employee is injured while traveling for business or running an errand at the employer’s request, workers’ comp will typically pay for medical expenses and employee compensation benefits.
However, if an accident occurred during your regular commute to or from your job, workers’ comp insurance generally won’t cover the costs.
What If the Injury Occurred Outside Work Hours?
Injuries during breaks or outside of standard work hours may be considered compensable in some cases. Workers’ comp insurance generally doesn’t cover injuries during your rest or lunch break unless you were performing work-related activity, like running an errand for your boss.
Workers’ compensation may cover injuries that happen during work-related events away from your typical job site, such as training sessions or a business conference.
What Injuries Are Not Covered by Workers’ Compensation?
Most workplace injuries qualify for workers’ comp, but there are important exceptions where you could be denied workers’ compensation benefits. Examples include:
- Injuries caused by horseplay or practical jokes (unless you are the victim)
- Accidents while an employee is under the influence of drugs or alcohol
- If the injured worker didn’t follow safety rules
- Self-inflicted injuries or providing false information to receive benefits
Common Workplace Injuries in Atlanta, GA
Accidents can happen in any work environment. Georgia’s diverse economy means that workers face a variety of potential hazards. The Occupational Safety and Hazard Administration monitors the most common causes of work-related injuries and deaths.
Here are some of the most common workplace accident injuries in Georgia:
- Overexertion and bodily reaction injuries: These injuries are often caused by lifting, pushing, pulling, or carrying heavy objects. Musculoskeletal injuries affecting the back, shoulders, knees, and ankles are common.
- Slips, trips, and falls: These accidents can occur in any workplace, from retail stores to construction sites. They can result in various injuries, from minor bruises to severe fractures or head injuries.
- Struck by objects or equipment: Workers can be hit by falling objects or moving equipment, leading to serious injuries such as brain trauma, spinal cord damage, or amputations.
- Repetitive Stress Injuries: Conditions like carpal tunnel syndrome can develop over time due to repetitive repetitive motions or poor ergonomics.
- Machine-Related Injuries: Workers in manufacturing or industrial settings may suffer injuries from equipment malfunctions or having their hands caught in machinery.
- Transportation Accidents: Auto accidents are a significant risk for employees who drive as part of their job. According to the U.S. Bureau of Labor Statistics, traffic accidents accounted for 42% of all fatal workplace injuries in Georgia in 2022.
Workers’ Compensation Coverage in Georgia
In Georgia, workers’ compensation coverage is mandatory for most businesses with three or more employees, including part-time workers. This requirement ensures that most workers in the state are protected in case of a workplace injury or illness. However, there are some exceptions to this rule.
Sole proprietors, independent contractors, and partners are generally exempt from workers’ compensation requirements in Georgia. Additionally, up to five corporate officers can choose to waive coverage for themselves, although they still count towards the three-employee threshold for coverage requirements.
Workers’ compensation coverage begins on an employee’s first day of work.
Workers’ Compensation Benefits in Georgia
If you’ve been hurt doing your job in the Atlanta area, your workers’ compensation claim may cover:
- Medical expenses: Coverage for medical costs can include doctor visits, hospital bills, physical therapy, prescriptions, and necessary travel expenses.
- Lost wages: If an employee needs to take time off work due to their injury, they may receive temporary partial or total disability benefits. These benefits typically amount to two-thirds of the employee’s average weekly wage.
- Permanent disability benefits: In cases of catastrophic injuries leading to permanent disability, injured workers may receive weekly benefits for an extended period.
- Death benefits: In the unfortunate event of a workplace fatality, workers’ compensation can help cover funeral costs and provide death benefits to the deceased worker’s survivors.
How Long Do You Have to File a Workers’ Comp Claim?
You should report a workplace injury to your employer as soon as possible, and no later than 30 days after the accident. Failing to report the injury within this timeframe could result in the loss of benefits.
After reporting the injury, employees have one year from the date of injury to file a workers’ compensation claim. However, there are exceptions to this rule. For occupational diseases, the one-year period begins when the employee first becomes aware of the condition and its relation to their work.
Contact Our Atlanta Workers’ Compensation Lawyers
Navigating the workers’ compensation system can be challenging. The insurance provider may argue your injury isn’t related to your job or try to minimize your benefits. Our Workers’ Compensation Lawyers in Atlanta have experience in this field and are here to help you.
Call 470-518-5026 or contact us online today for a free consultation.
