How do you know it is work related?

How do you know when an injury is work related?

Believe it or not, this is not always an easy thing to determine.  Sometimes employees are injured in pretty obvious ways.  If an employee is lifting a heavy object at work and they sprain their back, it is easy to conclude that it is a work related injury.  If an employee is driving a company vehicle and has a car accident doing a delivery, it is easy to conclude that the employee has has a work related injury.

But what happens when the injury occurs while performing an activity that is not technically a requirement of the job?  What if you are injured on the way to lunch?  What if you are leaving lunch and returning to work and are injured?  What if you are injured going to the bathroom?

All of these events do happen and the Georgia Courts must determine the answer to the following question, “Did it arise out of and in the course of the employment?”

In a recent case coming from the Georgia Workers Compensation Appellate Division, an employee injured himself while entering the Employer’s premises.  It had been raining that day and the the Employee was running into the building to use the bathroom before his shift began.  As he approached the building, he slipped and fell injuring himself.

From a casual review of those facts, it doesn’t seem like the employee suffered a work injured.  The employee was injured coming into the building before his shift had started and injured because he slipped due to rain and his hurry to get to the bathroom.

Yet, the courts found that “given the totality of the record, there was a casual connection between the conditions under which the employment was performed and the Employee’s injury. As such, the Employee’s accident arose out of and in the course of employment.”

If you have been injured at work and have been denied your benefits.  Do not accept the answer from the employer.  Call us now to find out if you are entitled to worker’s compensation benefits.

 

 

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