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This article is made available for educational purposes only, to give you general information and a general understanding of the law, not to provide specific legal advice,Mulberry UK. This should not be used as a substitute for competent legal advice from a licensed professional attorney in your state,Coach Factory Outlet.
You know you are injured, but is your injury covered by Workers' Compensation?
Georgia's workers' compensation laws require that for compensation to be due, an injury to an employee must 1) "arise out of" and 2) "in the course of" employment. These are deceptively complicated requirements here in Georgia. There is no clear cut test for either of these requirements. Below are some of the major considerations:
"Arising out of employment"
Must be a causal connection between the condition of the work and the resulting injury
Injury must relate to the employment and not be independent if it
An accident arises out of employment when the accident arises because of the employment
"In the course of employment":
An accident must occur within the time period of employment
At a place where the employee reasonably may be in the performance of their duties
While the employee is fulfilling their duties
Is my at-work injury covered by workers' compensation?
Aggravation of preexisting conditions
Your employer 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 healthy 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 easily than healthy discs, but your employer would still need to compensate you should you injure your back at work.
Occupational Diseases
Your employer may be required to pay for an "injury" due to a disease which is a specific risk of your job. In some rare circumstances this can include 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 proceed with a claim based on a disease believed to be developed out of the course of your employment, it is highly advisable that you contact an attorney.
Practical jokes/horseplay injuries
An employer is not required to pay for an injury to a party engaging in horseplay or practically joking during working hours,Mulberry Outlet. However, an injury suffered by an innocent employee due to the horseplay of a fellow employee is covered.
On the job fights/assault
Generally, injuries during fights at work are not compensable where the fight is not related to your employment. Additionally, an injury resulting from an assault by a third party (non-employee) at work is not covered where the assault by a third party is for reasons personal to the employee. For example, the assault of a store clerk during a robbery would be compensable, but an assault by a fellow employee or third party arising from a dispute over who has the fastest car would not be compensable,Coach Factory.
Psychological or emotional illnesses
Generally,Mulberry Sale, psychological or emotional injuries are only covered to the extent that the condition arises from a physical injury. In other words, if an employee develops a psychological condition, like depression,Coach Outlet Online, based on a purely emotional situation it likely would not be covered. However, if the same condition resulted from an underlying physical injury, it would be covered. Additionally, if an emotional injury, like stress, manifests itself in a physical way, those physical injuries (ex. headaches or blurred vision) may be covered by workers' compensation.
Is my off/after work injury covered by workers' compensation?
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