Glossary Check
If you had to tell someone how Georgia defines “injury” for purposes of state workers’ compensation law, what would you tell them? If you had Simply Research, you could tell them the following.
‘Injury’ in the Peach State
“Injury” means only injury by accident arising out of and in the course of the employment and shall not include a disease in any form except where it results naturally and unavoidably from the accident.
What about Aggravation?
“Injury” shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability.
Willful Acts
“Injury” shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee.
Heart Problems
“Injury” does not include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis unless it is shown by a preponderance of competent and credible evidence, which shall include medical evidence, that any of such conditions were attributable to the performance of the usual work of employment.
Alcoholism, Drug Addiction, and Related Conditions
Alcoholism and disabilities attributable thereto shall not be deemed to be “injury” by accident arising out of and in the course of employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be “injury” or “personal injury” by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician.
Georgia National Guard
Solely for members of the Georgia National Guard and State Defense Force, an injury arising in the course of employment shall include any injury incurred by a member of the Georgia National Guard or State Defense Force while serving on state active duty or when traveling to and from state active duty.
