[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.sherrodandbernard.com\/blog\/who-qualifies-for-workers-compensation-in-georgia\/#BlogPosting","mainEntityOfPage":"https:\/\/www.sherrodandbernard.com\/blog\/who-qualifies-for-workers-compensation-in-georgia\/","headline":"Who Qualifies for Workers\u2019 Compensation in Georgia?","name":"Who Qualifies for Workers\u2019 Compensation in Georgia?","description":"If you get hurt on the job, you may be eligible for\u00a0workers\u2019 compensation benefits in Georgia. These benefits can play an important role in the recovery process for you and your family. For instance, they can cover all costs that arise from the treatment of your injury. They...","datePublished":"2019-08-19","dateModified":"2025-09-15","author":{"@type":"Person","@id":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/#Person","name":"John Sherrod","url":"https:\/\/www.sherrodandbernard.com\/blog\/author\/johnsherrod\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63ed235ae61137a2e8dec557ea4cd48dee882e0dc0bbcf9da6642f47d925925d?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Sherrod & Bernard, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2024\/03\/SB-Logo-1.png","width":300,"height":109}},"image":{"@type":"ImageObject","@id":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2019\/08\/file-workers-compensation.jpg","url":"https:\/\/www.sherrodandbernard.com\/wp-content\/uploads\/2019\/08\/file-workers-compensation.jpg","height":667,"width":1000},"url":"https:\/\/www.sherrodandbernard.com\/blog\/who-qualifies-for-workers-compensation-in-georgia\/","about":["Workers' Compensation"],"wordCount":1046,"articleBody":"If you get hurt on the job, you may be eligible for\u00a0workers\u2019 compensation benefits in Georgia. These benefits can play an important role in the recovery process for you and your family. For instance, they can cover all costs that arise from the treatment of your injury. They can also cover a portion of your lost wages if your injury causes you to suffer a total or partial disability on a temporary or permanent basis.Here, we provide an overview of who qualifies for workers\u2019 compensation in Georgia. As you will see, the two main questions to ask are:Does an \u201cemployment relationship\u201d exist between you and the party from whom you are seeking workers\u2019 compensation benefits?Did your injury \u201carise out of\u201d and \u201cin the course of\u201d your employment?To discuss the specific facts of your case, please feel free to contact our experienced and dedicated workers\u2019 compensation attorneys at Sherrod & Bernard, P.C., in Douglasville. Everyone on our legal team is extremely knowledgeable, genuinely friendly and always ready to help injured workers and their families to understand their legal rights and options.Does an \u2018Employment Relationship\u2019 Exist?The Georgia Workers\u2019 Compensation Act requires all employers with at least three full-time or part-time employees to carry workers\u2019 compensation insurance. The law applies to private, public and non-profit employers and their employees, including minors, seasonal workers and even undocumented aliens.However, the law specifically excludes certain workers in Georgia from workers\u2019 compensation coverage:Federal government employeesRailroad workersFarmers and farm laborersDomestic servants.To be eligible to receive workers\u2019 compensation medical and\/or disability benefits from a party, an \u201cemployment relationship\u201d must exist. Typically, this relationship will exist if:You are an actual employee and not an independent contractor.\u00a0If you have entered into a contract that intends to create an independent contractor relationship, get paid a set price per project or per unit (not an hourly or salary basis) and have control over the time, manner and method of the work being done, then you are likely an independent contractor. So, you would not qualify for workers\u2019 compensation under\u00a0O.C.G.A. \u00a7 34-9-2(e).Georgia law says you are an employee.\u00a0A statute,\u00a0O.C.G.A. \u00a7 34-9-1(2), specifically includes certain workers within its definition of an \u201cemployee.\u201d For instance, the law includes firefighters, law enforcement personnel and emergency responders in that definition, including certain types of volunteers.You are considered to be a \u201cstatutory employee.\u201d\u00a0Even if you work for a subcontractor at a job site, under\u00a0O.C.G.A. \u00a7 34-9-8, the principal contractor at the site may still be liable for providing workers\u2019 compensation benefits if you get hurt at the site.You are an employee by virtue of \u201cemployment by estoppel.\u201d\u00a0This arises when a party elects to provide workers\u2019 compensation by, for instance, paying medical and disability benefits. The party can\u2019t turn around and deny that an employment relationship exists.You fit the definition of a \u201cborrowed servant.\u201d\u00a0If your first employer loans your services to a second employer for a period, then you can be considered to be an employee of that second employer. However, the second employer must have control over you for that period (not the first employer) and must have the exclusive right to discharge you.Unfortunately, many employers and their workers\u2019 compensation insurers in Georgia try to avoid paying benefits by challenging a worker\u2019s employment status. If you run into this problem, get help from Sherrod & Bernard, P.C., as soon as possible.Did Your Injury \u2018Arise Out Of\u2019 and \u2018In the Course Of\u2019 Your Employment?In addition to showing that an employment relationship exists, you must also show you suffered an accidental injury that arose out of and in the course of your employment. In other words, you must show:Arose out of \u2013\u00a0You were doing something that was a part of your job when your accident and injury occurred. For example, if your injury occurred while you were taking a break or running a personal errand, you likely would not be eligible for workers\u2019 compensation in Georgia.In the course of \u2013\u00a0Your injury also must have occurred during a time period and at a place where you would reasonably be expected to be working. For instance, if you get into an accident while driving to and from work, your injury generally won\u2019t qualify you for workers\u2019 comp benefits. However, if you were driving on a business trip or making a delivery, it likely would be a compensable injury.What if you have a pre-existing condition? Generally, you can still be eligible for workers\u2019 compensation. However, your employment must have aggravated or accelerated the condition.Does It Matter If You Were At Fault for Your Injury?Unlike a personal injury claim, you do not need to show that anyone else was at fault in order to obtain workers\u2019 compensation benefits in Georgia. You can qualify for benefits even if you were at fault \u2013 with a few key exceptions. Typically, you cannot obtain benefits if your injury occurred because:You were intoxicated by drugs or alcohol while on the job.You intentionally hurt yourself or engaged in other willful misconduct.You were fighting with someone else or engaged in \u201croughhousing.\u201dYou willfully neglected to use employer-provided safety devices.If your employer denies your workers\u2019 compensation claim for any of these reasons, you should still consult with an attorney. An attorney can conduct an independent, thorough investigation of your case to determine the exact reasons why your work injury occurred. For instance, even if you were intoxicated on the job, you may still qualify for benefits if your intoxication had nothing to do with your injury \u2013 perhaps a piece of equipment malfunctioned, or a co-worker did something negligent that hurt you.Our Georgia Workers\u2019 Compensation Lawyers Can Help YouOur attorneys at Sherrod & Bernard, P.C., have decades of experience with helping injured workers in Douglasville and throughout the surrounding communities of Atlanta\u2019s western suburbs. If you believe that you qualify for workers\u2019 compensation in Georgia, don\u2019t wait to get in touch with us. Contact us today and receive a free consultation about your case.Visit Our Georgia Workers\u2019 Compensation Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.sherrodandbernard.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Who Qualifies for Workers\u2019 Compensation in Georgia?","item":"https:\/\/www.sherrodandbernard.com\/blog\/who-qualifies-for-workers-compensation-in-georgia\/#breadcrumbitem"}]}]