Workplace fights happen all the time. Periodically, one or both parties get injured during the altercation. Workers’ compensation kicks in almost any time a worker is injured on the job. A fundamental rule is provided by O.C.G.A. §34-9-1(4) states a work injury must arise out of and in the course of the employee’s employment to be compensable. Meaning,it is not enough to simply be physically present at a workplace to receive benefits, but the fight must have been about a work-related situation. The incident must be picked apart to discover what factors contributed and in Georgia, each situation is handled case by case and there are no black and white rules. Rather, this requires further consideration and analysis of the facts. Who was the instigator? Was the fight planned? Was it intentional or was it horseplay? Wat the fight about a work issue or was it unrelated?

Altercations Between Employees

It is very unlikely that having a physical dispute is part of your job description. Therefore, the altercation will fall outside of your job-related functions and tasks. But it happened at work and with a fellow employee, so Georgia courts will determine whether the claim is compensable by discovering the exact cause of the fight.If the facts point to it being a personal dispute, the claim will likely be denied. But if the underlying cause seems to be work related then the claim will likely be upheld. Georgia remains a no-fault system, which means you do not have to prove that your employer was at fault.

What if it was horseplay?

Consider this example. You have no choice but to park your car in a remote lot at work, leaving you with a considerable walk to the building. As you are making your way to the door, you hear your friend Jeff calling out your name. He is riding his new Harley and motioned for you to hop on for a ride. You agree and jump on the back. There is no extra helmet but it’s only a quarter mile, so it shouldn’t matter, right? Wrong, within second of getting on the bike, Jeff is gunning the motor and spinning wheelies as you scream for him to stop. He doesn’t hear you and suddenly you are thrown for the bike onto the cement, where you sustain a minor head injury.Clearly, you are the victim of horseplay that turned into an injury, but how will that play out in a claim? The following questions would help reveal the facts of the case so a decision on can be made:

• How often do you and Jeff goof around?
• Do you have a daily banter going on with Jeff?
• Whose idea was it for you to get on the bike?
• Did you attempt to stop the horseplay? If so, how?
• Did you encourage the horseplay? If so, how?
• Does your manager encourage horseplay?

If you are involved in horseplay that exceeds what is considered “acceptable” bounds of workplace behavior, you can expect that your claim will initially be denied, even if it wasn’t your fault and you were not the instigator.

Employers and insurance companies find endless ways to deny your claim, it’s always a good idea to consult a workers’ comp attorney no matter how you sustained the injury. Workers comp cases can be particularly complicated to navigate, and your attorney can help you organize the facts for the best outcome.