Workplace injuries are unfortunately very common, and many Georgia workers know that when they are injured or made ill while on the job in the performance of their work duties, the are entitled to workers compensation benefits. Many of these workers will seek out the help of an Atlanta, Georgia workers compensation attorney in order to ensure that their rights are protected. The reason to choose an experienced workers compensation lawyer is because he will have gained knowledge about pitfalls to avoid and how to plan to make the best case to win the largest settlement.
The legal system of workers compensation is designed to protect employees, but it also serves to protect employers by preventing employees from suing their employers for any work injuries, and by preventing employees from seeking frivolous or unfounded claims. Sometimes, workers compensation claims occur in a grey area, such as the commute to or from work, or a work-related environment that does not include the performance of regular job duties, like a company picnic. If you were injured at a company picnic, is this legally considered a work injury, and could you recover workers compensation benefits for your injuries?
Workers Compensation Benefits in Georgia
The system of workers compensation in Atlanta, Georgia is operated by the state, and like most such programs, the laws surrounding it can be complex and sometimes unclear. This can be especially true for someone whose claim has been denied. Understanding these laws gets a little easier when you look at workers compensation benefits as a kind of insurance coverage, which is how it is intended to function. Employers pay for workers comp coverage for their employees, and in turn they cannot be sued directly if an employee is hurt at work.
Workers compensation insurance will also provide payments to employees for any medical treatments incurred as a result of a work injury, and compensation for hours missed at work. Just as if you would place a homeowner’s insurance claim if your home were damaged, your employer places a workers compensation claim if a work injury occurs, and the workers compensation insurance company is responsible for compensating you for your injuries, not your employer.
Any company in Georgia with more than three employees must have workers compensation insurance. It makes no difference if these workers are part time or full time, or their documentation status. Workers under 18 or contract-for-hire employees also count toward this total. As such, it is fairly difficult for a company in Georgia to get around the necessity of having workers compensation coverage.
As a result, almost every working person in Atlanta, Georgia will be entitled to workers compensation benefits if their work injury occurs during the execution of their job. However, what about a situation like a company picnic?
Will Workers Compensation Cover Injuries I Sustained at a Company Picnic?
According to the Workers Compensation Act in the state of Georgia, a picnic may be considered a company sponsored event. Work injuries which happen at a company sponsored event are eligible for workers compensation benefits if they happen on the premises of employment as a regular event, or if the employer requires (expressly or implicitly) participation in this event, or if the employer benefits from this event beyond the improvement of morale.
If one of these three situations describes the situation at your company picnic, you could have a workers compensation claim for your injuries in Atlanta Georgia. However, keep in mind that if you were engaging in horseplay, misconduct, were intoxicated, or there are other factors which may be considered in your work injury, your claim may be denied. In this case, you can continue to pursue benefits, but your case will be fact sensitive and it is highly recommended that you proceed with the help of a workers compensation lawyer in Atlanta Georgia.
If your employer is claiming that your work injuries suffered at an event like a company picnic were not caused by any work related activity, or that your own reckless behavior caused your injuries, then your claim may be denied. This is not the end of the road for your workers compensation claim, and you are not necessarily left holding the bag for your medical bills and lost wages. This is a serious financial issue, and the experienced workers compensation lawyers here at the law offices of John B. Jackson are ready to help you appeal your claim and recover the benefits to which you are entitled.
Consult with an Atlanta Workers’ Compensation Lawyer About Your Case Today
Work injuries which are not clearly work injuries are tricky and sensitive things to deal with in workers compensation cases, but our workers compensation lawyers have the experience necessary to help you build the strongest possible case, based on facts and evidence. Our attorneys will work to ensure that your rights are protected and that you recover the compensation that you deserve. A consultation with a workers’ compensation lawyer in Atlanta is completely free, so let us advise you as to the best path forward in your case. Call today.