If I suffer a heart attack or stroke while at work, is that covered by workers' comp?

Generally, no--but there may be situations where this type of injury is compensable. Georgia law specifically provides that an injury or personal 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...that any of such conditions were attributable to the performance of the usual work of employment.”

The reason for the general rule against these kinds of "injuries" being compensable is the principle that, in order to be covered by workers' comp, an injury must arise both "out of and in the course of employment." Thus, a heart attack or stroke is only covered if it can be proven that the work environment or certain aspects of the job led to the "injury." This type of claim can become highly contested due to the fact that these injuries are so factually unique and can be caused by many different factors, such as job stress. 

These injuries can also lead to another complicated area of workers' compensation law--idiopathic injuries. That is, if the Claimant suffers a stroke and falls down and sustains other injuries. If you or a family member has suffered a heart attack or stroke at work, please contact us and we will do everything we can to guide you through the process.