Getting hurt while you are employed does not automatically make an injury eligible for workers’ compensation benefits. Under Georgia law, the key issue is whether the injury arose out of and occurred in the course of employment.
When there is uncertainty about whether an accident qualifies, having a legal professional review how and where an injury happened can help determine whether you have valid grounds for a strong claim.
Which injuries may fall outside workers’ compensation?
Georgia requires employers with three or more workers to carry workers’ compensation insurance, but the injury itself must still meet the requirements for coverage. Situations that may not qualify include:
- Injuries during a normal commute: Accidents that happen while traveling between home and work are not covered.
- Injuries during personal activities: If you are injured while doing something unrelated to your assigned work, the connection between the accident and your employment may be insufficient.
- Certain lunch or break injuries: Georgia’s State Board explains that injuries sustained during lunch and breaks may fall outside workers’ compensation coverage.
- Injuries unrelated to employment: A medical condition or injury that has no meaningful connection to your work generally does not become compensable simply because symptoms appear while you are at work.
The facts surrounding an accident matter. For example, an injury during travel might be treated differently when the employee was performing a work-related task rather than just commuting.
Some workers may also be excluded
Coverage can also depend on your employment classification. The Georgia State Board identifies several categories that are exempt from the state’s workers’ compensation system, including:
- Federal government employees
- Railroad workers
- Farm laborers
- Domestic workers
However, this does not mean an injured person has no source of benefits. Some excluded workers may have rights under a different compensation system or applicable law.
To that end, know that a workers’ compensation legal team can evaluate your circumstances and help protect your rights when coverage is contested, or when there is a risk that it might be.