The Georgia Workers’ Compensation Act can provide many benefits to Georgia claimants. Yet it can also act as a roadblock to certain claims, as one recent case illustrates. In that case, a hospital employee in Missouri was a courier who was responsible for delivering...
Month: February 2019
Court Rejects Claim Based on Employee’s Psychiatric Injury
In some Georgia workers’ compensation claims, injured employees may receive benefits for emotional injuries as well as physical injuries. In a recent case, one state’s appeals court considered a psychiatric injury claim after a construction site accident. In that...
The Importance of Filing a Timely Workers’ Compensation Claim in Georgia
Like most other cases, Georgia workers’ compensation cases must be filed within a certain amount of time. These timeframes are outlined in statutes of limitations. For example, in general, the statute of limitations in Georgia workers’ compensation cases is one year....
Aggravation of a Preexisting Condition in Georgia Workers’ Compensation Claims
Luckily for employees, they do not have to be in perfect health before an injury in order to qualify for workers’ compensation benefits in Georgia. This means that if an employee is injured on the job, the employee may qualify for benefits if the work injury...
The Exclusivity Rule in Georgia Workers’ Compensation Claims
Georgia’s Workers’ Compensation Act is meant to give employees a faster and more streamlined way to receive benefits for injuries suffered at work. However, the drawback is that there are limits on what employees can recover under the Act. In some cases, employees...
Employer’s Failure to Properly Investigate Claims Bars Defense of Employee’s Intoxication
If a worker is injured and files a claim for Georgia workers’ compensation benefits, the employer only has a certain amount of time to investigate the claim and contest compensability. In a recent case, an employer was barred from raising a defense that its employee...
Workplace Safety Is Key to Reducing Georgia Work Injury Claims
According to the most recent government statistics, there were over 82,000 Georgia workplace injuries last year. That means that almost 2.7 out of every 100 Georgia employees suffer a work injury each year. This figure is roughly in line with the national rate of...
Homeowner May Be Liable for Independent Contractor’s Fall from Roof
Although Georgia workers are generally entitled to recover compensation from their employers for workplace injuries, whether independent contractors are entitled to Georgia workers’ compensation benefits can be tricky. In a recent case, a court considered whether an...
Employee Can’t Sue Employer for Unsafe Repair Due To Workers’ Compensation Act, Court Finds
Georgia employees often are limited to pursuing compensation from an employee through the Georgia workers’ compensation act. However, in some cases, there are exceptions. In a recent workers’ compensation case, a plaintiff contended that his employer was liable for...
Court Considers Staph Infection from Cat Scratch as Occupational Disease Claim
Some Georgia workers’ compensation claims arise from occupational diseases that develop over a period of time, rather than an occupational injury. These claims can be complicated and require claimants to prove certain additional facts. In a recent case, one state’s...