Five Types of Claims Not Covered Under Georgia Workers’ Compensation
The Georgia workers’ compensation program provides an essential service for Georgia workers — helping them get back on their feet after a workplace accident regardless of whether they were at fault for their accidents. However, the workers’ compensation program does not cover all workplace accidents and claims. If you find yourself in one of the situations below, your workers’ compensation claim is likely to be more challenging than average, which is why you should speak to a Tifton workers’ compensation lawyer.
Accidents While Commuting to or From Work
It is a longstanding principle that the workers’ compensation program only covers accidents that occur during the course of the worker’s duties, which excludes motor vehicle accidents suffered while commuting to and from work. But even this exception has exceptions. For example, workers who drive as part of their work duties — such as delivery drivers — are compensated for injuries suffered on the job. Workers who suffer injuries in accidents while running errands at the direction of their supervisors on their commutes to or from work may also be covered under certain circumstances.
Accidents Caused by Intentional Conduct
The workers’ compensation program covers injuries caused by accidents — not willful misconduct. As such, certain types of accidents are not covered under the program, including:
- Self-inflicted injuries
- Injuries caused while attempting to injure someone else
- Blatant and intentional violations of safety rules
- Failure to follow a statutory duty
Accidents Caused While Under the Influence of Drugs or Alcohol
Accidents caused by a worker’s intoxication are not covered by workers’ compensation under almost any circumstances. Furthermore, employers may require injured workers to submit to a drug test after an accident. Failure to do so may create a presumption that the worker was intoxicated at the time of the accident. Intoxicated workers may still be able to recover if they can prove that the accident was “unavoidable,” but these exceptions are rare.
Heart Attacks and Strokes
While heart attacks and strokes are one of the most common causes of serious injury and death in the United States, heart attacks and strokes suffered at work generally are not considered work-related injuries under the Georgia workers’ compensation program. To collect workers’ compensation benefits for heart attacks or strokes, the worker must present extensive medical evidence that the worker’s duties caused or contributed to the heart attack or stroke.
Scars and Disfigurement
Many work-related injuries cause scars and disfigurement, which can take a significant toll on the worker’s mental health and self-esteem. However, the Georgia workers’ compensation does not provide benefits for scars and disfigurement because these types of injuries are not considered disabling. Georgia is one of only a handful of states whose workers’ compensation programs do not provide this benefit.
Contact a Tifton Workers Compensation Lawyer for Help With Your Claim
If any of the above circumstances apply to your workers’ compensation claim, you may not necessarily be out of luck, but your claim will be significantly more difficult than average. That’s why you need competent representation to ensure that you receive the benefits to which you are entitled. For more information, please contact a Tifton workers’ compensation lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.