Category: Workers’ Compensation

There is always a risk of injury at work. Of course, some positions are more prone to a workplace accident than others, such as a job where one operates heavy machinery. Georgia workers who are injured on the job may be entitled to certain benefits under the workers' compensation laws in Georgia.  

As a general rule, the Georgia Workers' Compensation Act bars recovery of workers' compensation benefits where the employee's injury was caused by the employee's own willful misconduct. O.C.G.A. § 34-9-17. The employer has the burden of proving that the employee engaged in such willful misconduct by a preponderance of the evidence. Neither...

What happens if your employer terminates your employment while you are entitled to receive workers' compensation income benefits? If an injured worker is either 1) unable to work due to the work-related injury per the authorized treating physician's orders; or 2) only able to work in a light duty...

The burden is on the injured worker to prove that the injured worker provided timely, proper, and sufficient notice, either personally or through a representative, to the employer in bringing a workers' compensation claim in Georgia. Schwartz v. Greenbaum, 138 Ga. App. 695 (1976); Mallory v. American Cas. Co., 116 Ga. App. 477 (1967).

Your Average Weekly Wage (“AWW”) is the basis upon which your week-to-week workers' compensation (indemnity) benefits will be calculated should you be unable to work or earn less than your AWW as a result of a work-related injury. The AWW is comprised of any monetary payment or noncash benefits received by the...

Under Georgia law, an injured worker's injury must occur by accident and arise out of and in the course of that worker's employment to constitute a compensable injury, but what does this mean? “ACCIDENT“ Under the Act, the word “accident” is not intended to mean...