On the Poirier Law Firm blog, we cover all things workers’ compensation—from timelines and medical care to specifics with each and every workplace injury within our practice areas. But what about those instances that are NOT covered under workers’ compensation?
Good news, most cases of on-the-job injuries are covered by workers’ compensation. Under Georgia law, employers are required to maintain workers’ compensation insurance and abide by state rulings dictating benefit disbursement and employee care. If there is any question or dispute following a workplace accident, contact an experienced attorney. Firms such as Poirier Law are able to look at your individual case and determine eligibility and how to proceed.
The following are known and common injuries covered under workers’ compensation:
- Pre-Existing Condition
- Psychological Injuries
- Back and Neck Injuries
- Catastrophic Injuries
- Slip and Fall
- Head and Brain Injuries
- Spinal Cord Injuries
- Repetitive-Use Injuries and Carpal Tunnel
- Heart Attack and Stroke
- Foot, Ankle, Knee, Leg and Hip Injuries
- Finger, Hand, Arm and Shoulder Injuries
- Amputations
- Paralysis
- Crush Injuries and RSD
- Work Related Car Wrecks
- Loss of Hearing and Vision and Eye Injuries
- Lung Injuries
- Total Hip Replacement
- Total Knee Replacement
- Chemical Burns
- Rheumatoid Arthritis & Lupus & Sjogren’s Syndrome
- Fibromyalgia
- Death
If you sustain these injuries as an employee (full- or part-time) while on the job, you are eligible for workers’ compensation coverage. While this coverage ranges from partial to total disability coverage, you are entitled to some form of benefits following a workplace accident.
You are NOT eligible for workers’ compensation if:
You are injured outside the workplace.
Employers are exempt from providing workers’ compensation coverage to employees who are injured off-site and not performing job duties, even if they are on their way to work or heading home for the day. The “Going and Coming” rule is a way for the workers’ compensation system to determine if an employee was required to be traveling for their job responsibilities or if the car accident is unrelated to their core job duties.
You are not an employee of the workplace where the injury occurred.
You are injured as a result of horseplay.
As stated in the Georgia State Board of Workers’ Compensation handbook, “no compensation shall be allowed for an injury or death due to the employee’s willful misconduct.”
You refuse to comply with drug test requests.
If an employee unjustifiably refuses to submit to a drug test following an on-the-job injury, there shall be a presumption that the accident and injury were caused by alcohol or drugs. If the presumption is not overcome by other evidence, any claim for workers’ compensation benefits would be denied.
In most cases, it is fairly clear whether or not your injury qualifies for workers’ compensation coverage. If there is any hesitation, Poirier Law Firm is here to help. Julie Poirier, a workers’ compensation attorney with more than 20 years of experience, will hear your case, determine eligibility, and take your case to court in the event of any dispute from an employer or insurer.