Who is Eligible for Workers' Compensation Benefits?

Consult our Workers' Comp Attorneys in Augusta for Help

If you are unsure about whether or not your work-related injury or illness is covered by state-mandated laws for workers' compensation, our lawyers at Turkheimer & Hadden can evaluate your case to provide professional legal advice. In our evaluations, we will look for the three main requirements as defined by the state:

  • The employer must be covered by workers' compensation
  • You must be an employee of the covered company
  • Your injury must have been job-related

Fulfilling Workers’ Comp Eligibility Requirements

The first two requirements are fairly easy. In Georgia, all employers with three or more employees must be covered by workers compensation, so it is likely that your company is insured. If your employer claims otherwise, contact us immediately and reach out to your local workers' compensation office.

In most cases, workers are considered employees of the company. However, there are some classes of workers that are not officially employees. These include independent contractors, such as freelance writers, computer consultants, and volunteers. Our attorneys in Augusta can assist clients if their employer has wrongfully classified you as an independent contractor in order to avoid workers' compensation rates.

What constitutes a work-related injury?

Determining whether or not your injury was job-related is often the most convoluted and difficult criterion to assess in regard to eligibility for workers' comp, as the definition has certain inclusions and exclusions that can be confusing.

Generally speaking, if your injury or illness was caused while performing duties for or on behalf of your employer, it is considered a work-related injury. However, there are some gray areas that our workers' compensation lawyers in Augusta can help you understand.

Here are some situations where you may be eligible:

  • Injured while getting lunch for your boss
  • Injured while on company property
  • Injured while at a company-sponsored event (picnic, conference, etc.)

Workers’ Compensation for Preexisting Conditions

There are certain injuries that you may not consider to be work-related that might be covered under the umbrella of workers' compensation. For example, preexisting conditions that are exacerbated by your work, hearing loss resulting from a noisy work environment, mental diseases brought about through work-related events, or other obscure diseases caused by exposure to elements in your workplace may be covered by your employers' insurance.

Injuries that are not eligible include:

  • Injuries obtained during travel to work (unless traveling for work to a site)
  • Injuries obtained due to violation of company policy
  • Self-inflicted injuries
  • Injuries obtained because the worker was intoxicated or using illegal drugs
  • Injuries obtained while the worker was committing a crime

Contact an Experienced Workers' Compensation Lawyer for a Free Case Evaluation

There are gray areas in workers' compensation eligibility, and our attorneys at Turkheimer & Hadden have the knowledge of and familiarity with the criteria to help you determine whether or not you are covered. Contact us today for a free consultation so that you can file a comprehensive workers' compensation claim as soon as possible.