What Injuries Aren't Covered by Georgia Workers' Compensation?

If you have been injured at the workplace or while performing your job duties outside of it, you may qualify for workers’ compensation benefits in Georgia. If you or your employer’s negligence caused the injury, you are still entitled to benefits since workers’ comp is a no-fault system.

However, there are certain types of injuries that are not covered by workers’ comp, such as the following:

  • When you commute to and from work – According to the law, traveling to and from your fixed worksite is not considered within your scope of employment. For example, if you suffered an injury in a car accident on your way to work in the morning, your injury won’t be covered by workers’ comp. However, if you don’t have a fixed worksite, you drive a vehicle provided by the company, or if you were running work errands on your commute, you might be covered.
  • When you leave your workplace on break or lunch – As soon as you leave the workplace on break or lunch, you are often not eligible for workers’ comp benefits. On the other hand, if you are taking a break in your workplace’s break room or cafeteria, your injuries might still be covered. Additionally, you might still be covered if you are furthering the interests of your employer while outside the workplace on break. For instance, if you were picking up lunch for a meeting and got hurt, your injury will likely be covered.
  • When you are under the influence of alcohol or drugs – If an injury was caused by your own intoxication, your injury will not be covered. However, if there is evidence that the accident is not your fault or couldn’t have been avoided, there is a chance you may still obtain benefits.
  • When you are fighting or horsing around at work – In most cases, injuries derived from fights in the workplace are not covered, especially if the fight isn’t over a work-related issue. However, if your coworker punches you after criticizing his work performance, you may still be covered. Injuries caused by horseplay or practical jokes are not often covered by workers’ comp unless your employer tolerates such behavior.
  • When you attend a work event – If you suffered an injury during a social event such as a holiday party or a company outing, you might not be eligible for workers’ comp unless your employer made it mandatory for you to attend the event and benefited from your attendance.

Whether you are interested in filing for a workers’ compensation claim or your initial claim was denied, our Atlanta workers’ comp attorney at The Law Offices of Nathanial F. Hansford, LLC is ready to help you obtain the benefits necessary to recover from injury and stay financially afloat until you return to work. For more information, contact us and schedule a free consultation today.

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