Last Updated on January 6, 2023 by Admin
As an employee, you have a right to a safe and healthy working experience. That’s the purpose of workers’ comp, which exists to compensate you if you have been injured while on the job.
Not every injury you may sustain while at work will be covered though. It’s important to know what the state of Georgia does not cover for workers’ comp claims.
Scenarios That Are Typically Excluded From Workers’ Comp
If you are injured at work, you may not receive workers’ comp for any of the following scenarios. You may want to speak with an experienced workers’ comp attorney to help you determine what your next steps should be.
Scars and Disfigurement
Georgia is one of the few states that doesn’t include compensation for work-related scars or disfigurement. While the initial injury that caused it should be covered, the scars or disfigurement itself is not.
Accidents at Work While Under the Influence
By contrast, it should be little surprise that if you are under the influence of alcohol or drugs and sustain an injury at work, you will not be covered. Employers are permitted to require a drug or alcohol screening from you after an accident at work. If you do not submit this test, the court will assume you were intoxicated and your claim will be denied.
Lunch Break Accidents
When you’re on lunch, you are not on company time. Therefore, injuries that occur while you are outside of your place of employment or while you are off the clock are not covered by workers’ comp.
Willful Misconduct
For any employee that blatantly disregards safety policies that are established by a company, workers’ compensation claims can be denied. Ignoring the rules and taking your health and safety into your own hands in the form of things such as self-inflicted injuries for example will not be covered.
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Heart Attacks and Strokes
Heart attacks and strokes are common medical conditions but they may not be covered by workers’ comp. There must be evidence that a heart attack or stroke took place at work while you were on the clock. Additionally, it needs to be determined if you were high risk or not. For example, if you are obese, have hypertension, or smoke, you will be considered high risk and may have trouble getting workers’ comp in this situation.
PTSD and Other Mental Injuries
For claiming workers’ comp on PTSD or other emotional traumas, Georgia requires compensable physical bodily injury along with it. In other words, you can’t just file workers’ comp for only PTSD.
Pain and Suffering
Pain and suffering is something you can receive compensation for in a personal injury lawsuit. With Georgia’s workers’ comp laws, it is not considered an area for compensation.
What to Do If Your Injury Is Not Covered by Workers’ Comp
If your injury falls into one of these scenarios above or is in a gray area, it is a wise idea to speak with a workers’ comp attorney in Georgia. Sometimes, even things that should be covered by workers’ comp are denied and working with a lawyer can help you get the compensation you need.
No two situations are ever alike, especially when it comes to workers’ comp. You can find more here about what to do when you’re in this situation.
