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Can You Still Pursue Workers’ Compensation in Georgia if You Were At Fault in Causing Your Injuries?

Jodi Ginsberg
August 14, 2020
3 min read

Should you be concerned about pursuing a workers’ compensation case if you hurt yourself performing a task that, when you now think about it, was something that you should not have attempted on your own?

For example, if you hurt your back trying to lift a 150 lb. roll of carpet, or if you fell from the top step of a ladder trying to reach a box on a high shelf, your supervisor might argue that you never should have tried to do this type of task without help.

Under Georgia law, however, you are most likely covered by workers compensation even if your injury was, at some level, your “fault.”

Georgia’s workers’ compensation system is a “no fault” process in which you are automatically eligible for benefits even if your injury arises from your own error in judgment. As long as you were performing a task related to your job, on company premises and for the benefit of your employer, you are covered.

Even if your supervisor, the HR manager or the company owner is mad at you, they cannot refuse to report a work injury and their insurance company will have to pay you lost wage benefits and provide you medical care.

You should avoid any delay in reporting your injury (even if you know that your boss will be upset with you) and you should be very straightforward with the workers’ compensation doctor and explain exactly what happened and all of the parts of your body that hurt or are otherwise affected.

You can be sure that the insurance company will use against you any delay in reporting your injury, or any misstatements you give to the doctor.

If you are not sure what to do, please reach out to me. I can offer you advice about reporting your injury, or correcting a prior report that may not be totally accurate. I can also give you my opinion about the doctor who is treating you and discuss how you might be able to change doctors if you are not happy.

The point here is that you should not guess as you physical and financial health are at stake. There is a very good chance you are eligible for Georgia work injury benefits if your hurt yourself while engaged a job related activity. My direct number is 770-351-0801 and I’d be happy to speak with you.

The post Can You Still Pursue Workers’ Compensation in Georgia if You Were At Fault in Causing Your Injuries? appeared first on Georgia Workers Compensation blog.

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