Threshold issues to compensability under the Georgia Workers’ Compensation Act?

Posted by Hunter Delashmit | Jun 04, 2023 | 0 Comments

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 anything except a “physical occurrence.” However, Employers/Insurers may deny benefits to employees if an injury was intentionally self-inflicted, occurred out of the employee's attempt to injure another, or for the willful failure or refusal to use a safety appliance or perform a duty required by statute as these were not considered to occur by “accident.”

“ARISE OUT OF”

For an injury to “arise out of” the employee's employment, there must be some causal connection between the conditions under which the employee worked and the injury which the employee sustained, and the causative danger must be incidental to the character of the employment, not independent of the employee-employer relationship.

“IN THE COURSE OF”

The “in the course of” requirement refers to the time, place, and circumstances under which the accidental injury took place. An injury is deemed to occur “in the course of” an injured worker's employment when it occurs within the time period of the injured worker's employment, at a place where the employee reasonably may be in the performance of the employee's job duties, and while the employee is fulfilling said job duties or doing something incidental to said job duties.

This article is a brief and broad overview of what constitutes a compensable injury under the Georgia Workers' Compensation Act. Georgia workers' compensation law is a niche and nuanced area of law that requires skill and expertise to effectively navigate the pitfalls in seeking the benefits that may be owed to an injured worker. If you or someone you know has been injured on the job, do not hesitate to contact The Delashmit Firm.

About the Author

Hunter Delashmit

Hunter Delashmit is a seasoned trial attorney who lives in Cartersville, Georgia with his wife and their pit-husky mix, Dobby. After graduating from The University of Tennessee College of Law, Hunter has gained extensive experience through litigating cases in administrative, state, and federal co...

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