Turkheimer & Hadden

What is Workers' Compensation?

Workers' compensation is a benefits program created by the Georgia Workers' Compensation Act to provide injured workers with medical treatment, weekly income benefits, permanent partial disability benefits, and, in some cases, rehabilitation and death benefits. Workers' compensation is, generally speaking, a strict liability system in that injured workers can recover workers' compensation benefits without showing fault or negligence by their employers. To be compensable, however, injuries and occupational diseases must arise out of and in the course and scope of employment. Because injured workers are not required to prove fault or negligence on the part of their employers, workers' compensation is, in Georgia and in most other states, the "exclusive remedy" for on-the-job injuries and occupational diseases. If someone other than the employer was responsible for an worker's injuries, however, the injured worker may have a valid basis for filing a civil lawsuit against the responsible party.