Are You Eligible for Workers' Compensation?

Workers' compensation laws were originally established to provide medical and disability benefits for losses associated with work-related injuries or illnesses. These regulations, set up to protect injured employees, also protect employers from personal injury lawsuits that would otherwise ensue.

The attorneys of Nicholson, Silverbach, & Watson have counseled many clients regarding their rights to workers' compensation. Our firm, based in Kennesaw, has handled many cases related to work injuries and has seen numerous misconceptions about eligibility and coverage of this program.

Misconceptions About Workers' Compensation Eligibility

There are many limitations in Georgia associated with workers' compensation laws and exceptions that can impact your rights to a claim. The following are generally not eligible for coverage under workers' compensation benefits:

  • Injuries that occur during lunch breaks or other scheduled break times.
  • Injuries that occur while traveling to and from work (injuries that occur during business-related travel, however, are covered.)
  • Injuries that occur as a result of "horseplay" or while the employee is under the influence of alcohol or drugs.
  • Injuries resulting from an assault by an employee or caused by a third party's negligence.
  • Independent contractors who are injured on the job.

Misconceptions About What Workers' Compensation Covers

To receive workers' compensation benefits from a claim, you can only receive medical treatment from medical professionals who are on a list that is preapproved by your employer. Injuries that have aggravated pre-existing conditions may be covered, but only to an extent considered reasonable for the individual's age and general physical condition.

The program covers medically related travel costs, including the cost of meals and lodging if you must travel a long distance from home to receive treatment. If your employer fails to provide workers' compensation coverage, it is personally liable for your costs for medical treatment and disability benefits if you are injured on the job.

Bring Us Your Workers' Compensation Questions

Having a hard time separating workers' compensation fact from fiction? Receive answers from an experienced personal injury lawyer. Call us at 770-615-7269 or connect with us via our online form.