Atlanta Personal Injury Lawyer Blog

I receive calls every day from people who have been seriously injured while working on the job. It is important to understand that not every on the job accident in Georgia results in a compensable worker's compensation claim.

To have a valid worker's compensation claim in Georgia the injured worker must have an "injury by accident which arises out of and in the course of his or her employment" per the Worker's Compensation Act of Georgia. The "injury by accident" requirement requires that the injury be due to an accident and not due to the horse play of the employee or due to a personal assault that is due to personal reasons.

The on the job accident must also be "arising out of" the employment which means that the accident occurred while the client was performing his job duties or doing something which benefits the employer.

The on the job accident must also be "in the course of" which usually means that the accident occurred during the work day or while the employee was on the clock. There are many exceptions to this which include accidents which occur while an employee is entering or leaving the work place, traveling salesman, etc.

There is also a requirement that the injured worker be an employee and not an independent contractor. A worker is usually an employee if:
(1) the worker receives a W-2 (payroll taxes are withheld);
(2) the worker has set hours;
(3) there is an contract of employment;
(4) the worker has worked for the same employer for a long time;
(5) the worker does not work for anyone else;
(6) the worker is usually paid by the hour and not by the job;
(7) the employer controls the time, means, and manner of the employment.

The worker is usually an independent contractor when:
(1) the worker receives a 1099 tax for where payroll taxes were not withheld;
(2) the worker uses his own equipment or tools;
(3) the worker has a specific trade or skill;
(4) the worker works for many different companies;
(5) the worker has employees or assistants of his own;
(6) the worker is paid per project rather than by the hour.
(7) the worker sets their own schedule and controls when, where and how the job is performed.

There is also a requirement that the employer have at least three employees for worker's compensation to cover the claim.

The only way to know for sure if you have a compensable worker's compensation claim is to call an attorney who specializes in worker's compensation. We strongly recommend that you contact our firm, The Griffin Law Firm, P.C. at 866-847-6545 for a free consultation. If we accept your case, then we will fight to make sure your rights are protected. Having our representation can make all of the difference in making sure you get all of the medical treatment you need. We will also make sure you are paid the income benefits you are entitled to for your lost wages and your permanent partial disability benefits for any permanent loss of use of your body. The most important benefit in hiring us is that we will fight for a worker's compensation settlement that will fully compensate you for your worker's compensation injuries.

Richard Griffin, Attorney [866-847-6545]
The Griffin Law Firm, P.C. [http://griffinlawfirmpc.com]