Being an injured employee is no fun. But what happens if you are an employee who suffers a compensable work-related injury and then suffers a subsequent injury that was not incurred in the course of employment? Would both injuries be compensable as a workers’ compensation claim?
Sequence of Injuries
Employees’ work-related injuries often add to or are aggravated by secondary nonemployment injuries incurred. Deciding when “secondary” injuries are compensable can be a controversial
issue in workers’ compensation law.
Workers’ Comp Law in Georgia
Under the Georgia Workers’ Compensation law, if an employee suffers a compensable injury, and then subsequently develops a second injury as a result of the original injury, then the second injury is also compensable as a workers’ comp claim. And if injuries arise later, they are generally compensable as long as they are a “direct and natural” result of the original work-related injury. However, if the subsequent injury is not attributable to the employee’s “normal” work functions then it would not be covered. In other words, if the second injury is an independent intervening cause it would not be compensable.
A simple example would be a situation in which a painter sustains a compensable injury to the eye. But while the painter was recovering from the injury at home, he accidentally fell off a ladder and broke his neck. The painter claims that the fall happened because of impaired vision due to his compensable work-related injury. The question that stands is should workers’ compensation be paid to the painter?
Chain of Causation
Georgia Law (O.C.G.A., 34-9-204 (2010) 34-9-204) states that “no compensation shall be payable for the death or disability of an employee if his or her death is caused by or, insofar as his or her disability, may be aggravated, caused, or continued by a subsequent non work related injury which breaks the chain of causation between the compensable injury and the employee’s disability.”
If an injured employee suffers a second injury and it is unrelated to their original work accident, the employer will often attempt to suspend benefits, especially if it is a non-work related accident and the chain of causation is broken. Basically this means that in order to ensure that your workers’ comp benefits stay in good standing, an injured employee has the burden to demonstrate that the chain between the occupational injury and subsequent disability was not broken. As an injured worker, you might be required to gather expert testimony from doctors and medical evidence demonstrating that the second injury is only temporary or even insignificant.
Contact a Lawyer
If you are an injured employee that sustained a second injury, it is imperative that you consult with a workers’ comp attorney. Be prepared for workers’ compensation to continually deny or delay your claim and a lawyer will stand as an advocate in your corner to make sure you are fairly compensated.