Stephen Hasner | Workers' Compensation | April 24, 2024
Workplace violence poses significant risk to employees across various industries, with potential consequences ranging from physical harm to emotional distress. Understanding whether workers’ compensation covers injuries resulting from workplace violence is crucial for employees to protect their rights and seek appropriate compensation. In Georgia, workers’ compensation benefits may cover workplace violence incidents directly related to employment, such as altercations between coworkers over work tasks or interactions with customers regarding job duties. However, personal disputes or conflicts unrelated to work may not qualify for coverage under workers’ compensation. It’s essential for employees to be aware of their rights and the circumstances under which they may be eligible for workers’ compensation benefits in cases of workplace violence.
When you’ve been injured in a workplace violence incident and are unsure about your rights or how to navigate the workers’ compensation process in Georgia, Hasner Law is here to help. Our experienced team of attorneys specializes in workers’ compensation cases and can provide expert guidance and representation to ensure you receive the compensation you deserve. Don’t hesitate to reach out to Hasner Law for a free consultation to discuss your case and explore your legal options.
Does Georgia’s Workers’ Comp Cover Workplace Violence?
In Georgia, workers’ compensation typically addresses injuries incurred during work-related activities. However, with workplace violence incidents, the specifics of the situation determine whether an employee can obtain benefits from a claim.
Understanding Workplace Violence
Workplace violence is a serious issue which can manifest in various forms, posing risks to employees across different industries. Recognizing the different types of workplace violence is key to understanding whether or not your situation qualifies as workplace violence, according to the Occupational Safety and Health Administration.
Examples of workplace violence include the following:
- Altercations Between Employees: Arguments or physical fights between coworkers, particularly managers and supervisors, can escalate into workplace violence.
- Criminal Activity: Incidents such as robbery or vandalism occurring at the workplace constitute workplace violence and pose significant safety threats.
- Customer vs. Employee Conflicts: Disagreements between customers and employees that escalate into physical confrontations fall under workplace violence.
- Domestic Violence: When an employee’s personal life spills into the workplace, resulting in physical harm, it qualifies as workplace violence under ODHA, but is typically not covered under Georgia work comp.
- Active Shooter Incidents: Rare but severe situations involving firearms brought into the workplace by disgruntled individuals can lead to dangerous scenarios for employees.
Determining eligibility for workers’ compensation benefits for workplace violence requires assessing whether the incident is directly related to your job duties.
Workers’ Compensation Benefits in Workplace Violence Claims
For workplace violence to be covered by workers’ compensation in Georgia, two key qualifiers must be met. First, the injuries must have occurred within the scope and course of employment. This means that incidents arising from personal disputes may not be covered. Additionally, the injured worker must not have been the aggressor in the incident. If the worker initiated the violence, they may not be eligible for benefits under workers’ compensation laws.
Addressing PTSD and Psychological Injuries
In cases of workplace violence, individuals may experience post-traumatic stress disorder (PTSD) or other psychological injuries. Georgia’s workers’ compensation statute typically requires a physical injury to be related to a psychological condition to be covered. Injured workers may still receive treatment for psychological injuries, even after physical healing has occurred.
Contact Our Experienced Workplace Violence Attorneys Today
Understanding the complexities of workers’ compensation coverage for workplace violence is essential for employees to protect their rights and receive fair benefits in case of injury. While workers’ compensation benefits may cover certain instances of workplace violence directly related to employment, such as altercations over work tasks or interactions with customers regarding job duties, personal disputes, or conflicts unrelated to work, may not qualify for coverage.
At Hasner Law, our dedicated attorneys have extensive experience handling workers’ compensation cases and can provide the support and representation you need to successfully pursue your claim. Contact Hasner Law today for a free consultation and take the first step towards securing the benefits you deserve. Call (678) 928-8784 or complete our contact form today.
