Workers compensation (colloquially known as workers' comp in North America or compo in Australia) is a form of insurance that provides compensation medical care for employees who are injured in the course of employment, in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence.
The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain."
While plans differ between jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance). General damages for pain and suffering, and punitive damages for employer negligence, are generally not available in worker compensation plans.
Employees' compensation laws are usually a feature of highly developed industrial societies, implemented after long and hard-fought struggles by trade unions. Supporters of such programs believe they improve working conditions and provide an economic safety net for employees. Conversely, these programs are often criticised for removing or restricting workers' common-law rights (such as suit in tort for negligence) in order to reduce governments' or insurance companies' financial liability. These laws were first enacted in Europe and Oceania, with the United States following shortly thereafter.
Workers Compensation Information
- Entitlement
- Course of Employment
- Coverage
- Contact Us
Am I entitled to worker's compensation?
If you were injured in our out of the course of your employment, then yes you are entitled to benefits. Under Georgia state law, any business that employs three or more people is required to provide worker's compensation packages to its employees. If you get hurt while at work, or while you are working, your employer is bound by law to compensate you for your injury. This means they are supposed to pay for any doctor visit and medication resulting from your injury. If you feel like you've been cheated out of receiving proper care from your employer please contact us to learn more about your rights.
What does 'the course of employment' mean?
In and out of the course of employment is a legal consideration of all circumstances which may occur in the performance of a person's job, especially during a period of time where specific objectives are given by the employer to the employee.
Key examples of this consideration under US law can include tort liability or ownership of intellectual property. If an employee is driving a motor vehicle during working hours and harms the person or property of another, a court would consider course of employment to determine if the employer had vicarious liability for the harm. Extreme examples would likely find the employer is liable for a truck driver on his assigned route but not for a secretary picking up her child from day care.
Why do I need to contact a lawyer about my injury if all injuries on the job are covered by Georgia State Law?
More often than not the employer is there to help and will do the right thing by its employees if they are hurt on the job. Unfortunately, some employers don't properly take care of their employees when they are injured.
These are just a few reasons to contact us about your case:
- Your employer and its insurance company may challenge your claim by asserting that you got hurt elsewhere and not on the job
- Your employer and its insurance company may fight your claim that you are exaggerating or faking your injuries
- Your employer and its insurance company may insist that you have recovered, when, in fact, you have not
- Your employer and its insurance company may deny your claim by saying that you lied about a pre-existing condition on your job application
- Your employer may fire you from your job after an injury and simply ignore your claim
- Your employer and its insurer may try to get you to accept a settlement of your case when all of your medical problems have not yet been addressed
Accomplishments
John Christy is a proud member of the following organizations and teams.- Georgia Bar Association
- American Bar Associaition
- American Association for Justice
- Georgia Trial Lawyers Association
- Member and Officer of Workers Compensation Section of Georgia
- Editor of 2009 Worker's Comp Section Journal
