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Will Workers Compensation Pay For My Injury?

The basic idea of Georgia workers compensation is that it covers work-related injuries.  But, what does “work-related” mean?

Usually, this mean that you suffer an injury at work.  After this injury, workers compensation pays for your medical treatment and pays you weekly benefits if your injury causes you to miss work.

Unfortunately, some recent Georgia court decisions have created some confusion about what a work-related injury is.  This has led to many insurance companies trying to deny claims for injuries that most people would consider “work-related”.

Doctor therapist examining leg of patient in cast and wheelchairWhat types of injuries are covered by workers compensation?

The general rule is that your employer’s insurance company must pay workers compensation benefits when you suffers an injury by accident arising out of and in the course of employment.  “Arising out of and in the course of employment” are the legal words that Georgia law uses to mean “work-related”.

I mentioned recent court decisions earlier.  These court decision have focused on the term “arising out of employment”.  Georgia courts have previously said that the words “arising out of employment” basically means that the job caused the injury.

But, some Georgia court decisions have made it more difficult to prove that the job caused the injury.  In one decision, the Georgia Court of Appeals decided that a nurse who injured her knee while turning to give a glass of water to a patient did not have an injury arising out of the employment.  Another Georgia Court of Appeals decision determined that a firefighter who injured her knee when she was following an order of her supervisor was not covered.

I think that a nurse is doing her job when she gives a cup of water to a patient.  I also believe that a firefighter is doing her job when she follows a command from a supervisor.

As I mentioned earlier, these court decisions created confusion about what a “work-related” injury is.  This can create difficulty for you when you get hurt at work since the insurance company may use these decisions to fight about whether your injury is covered by workers compensation.

When will this come up in my workers compensation case?

Georgia’s workers compensation law has some basic rules about what happens when you report a work injury.  Your employer has 21 days to either accept or deny your claim.

If you employer denies your claim, you will probably receive a Form WC-1 or Form WC-3 controverting (a fancy word for denying) your claim.  The insurance company should indicate the reason that your claim is being denied on this form.  Often, they will say something vague like “the injury did not arise out of or in the course of the employment”.

Can I fight a denial of my claim?

Yes.  If your claim is denied, it is important to understand that this is not the end of your case.  You have a right to request a hearing and prove your case in court.

It may no longer be enough to prove that you were injured doing your job.  You may have to prove more than that to make sure that you win your case and receive workers compensation benefits.  You will probably have to prove a greater connection between your job and your injury.

These court decisions focusing on whether an injury arises out of employment have made this area of the law even more complicated than it used to be.  To have a good chance of succeeding in court, you will need a good workers compensation attorney who has reviewed these decision and can show why your injury should be covered by workers compensation.

How can I discuss my case with a workers compensation attorney?

Talking to a workers compensation attorney about your case is easy.  I provide free consultations in workers compensation cases so that you can talk to me about your case without having to worry about what it will cost you.  This gives you the opportunity to find out how I could help you before you make a decision about hiring me.

If you would like to go ahead and set up a free consultation, it is easy to do and only takes a few minutes.  Just call our office at (770) 214-8885 or complete and submit our free consultation request form.

Jason Perkins is an attorney who specializes in Georgia workers' compensation law

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly blogs about Georgia’s workers’ compensation system and issues that are important to injured workers and their families.

You can subscribe to his Georgia Workers Compensation channel on YouTube.

What if I have other questions about workers compensation?

Georgia’s workers compensation system can be very confusing.  You have to worry about getting the treatment you need and paying your bills while also worrying about not missing any deadlines that could cause you to lose your right to receive workers compensation benefits.

If you have questions, I would recommend that you try to get answers.  To find out more about how to schedule a time to talk to me about your workers compensation questions, just read this short article.

Jason Perkins is an attorney who specializes in representing injured workers.  He regularly publishes videos and write blog articles about Georgia’s workers compensation system and issues that are important to injured workers and their families.

To be notified of Jason’s new workers compensation videos, subscribe to his Georgia Workers Compensation Video Series channel on YouTube by clicking the subscribe button below.

Brittney-lee orourkeBrittney-lee orourke
05:23 18 Feb 22
Amazing! Jason and his team were very helpful and had the best communication by far. Walked me though every step with great detail and had answers for any question I had. They handled my case better then I could imagine, it was a weird case and they stayed on top of it and kept me updated every step of the way! Highly recommend this Team! Thanks so much to Jason and his Awesome team!-Brittney
China JonesChina Jones
18:58 08 Feb 22
I absolutely love this group of attorneys, when I was at my lowest they did everything they could to help me get justice for my injury. I believe if I were to have never picked my phone up and called the amazing group that helped me I definitely would not have received my idea of rights. If you have an issue and are just not sure please understand that they will help you, stay in contact, answer any question you have, and for sure get you the justice you deserve I thank them from the bottom of my heart and I will definitely refer them to anyone who has been hurt because they most definitely care about their work and clients.
Luv LocsLuv Locs
16:08 15 Jan 22
The entire law office was attentive and responsive to all of my concerns dealing with my workers compensation case.
21:14 02 Jan 22
If you must get a lawyer involved, you’d do well to work with Jason Perkins and his team at Perkins Studdard Law.They were thorough in gathering information and in sharing all the steps in the workers comp process specific to my case. Jason and the team were responsive to my bevy of questions and concerns.I appreciated the informative videos and consultations provided by Jason over video meetings and multiple phone calls.I hope I’m never injured on the job again. However, if I am and if my employer responds as my previous employer did, I’ll contact Perkins Studdard Law immediately to handle the case.
Dana BessDana Bess
23:57 10 Dec 21
Everyone at Perkins Studdard was kind and professional. They were always extremely responsive and answered all questions that I had and followed up to make sure I had an understanding of what was going on along with emailing videos to explain every step of my case so I would know what to expect and be prepared. Jason is a very genuine person and I trusted him with my case. He answered so many questions for me even before I retained him as my WC lawyer. I highly recommend him and his associates at Perkins Studdard.

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