I developed a sickness from my job. Is this covered by workers' comp?

Potentially. Georgia law provides that an "occupational disease" is compensable so long as certain statutory requirements are satisfied. Specifically, O.C.G.A. § 34-9-280 states that an "occupational disease" means "those diseases which arise out of and in the course of the particular trade, occupation, process, or employment in which the employee is exposed to such disease." In addition, five requirements must be met: 

1. There must be a direct causal connection between the conditions under which the work is performed and the disease;
2. The disease followed as a natural incident of exposure by reason of the employment;
3. The disease is not of a character to which the employee may have had substantial exposure outside of the employment;
4. The disease is not an ordinary disease of life to which the general public is exposed; and
5. The disease must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence.

Because of these strict statutory requirements, it can be difficult to prove an occupational disease claim. If you feel that you've developed an illness because of your job, you should contact an attorney right away to discuss your options. Even if you're not in the Athens, Georgia area, feel free to contact us and we will be glad to assist you with your claim.

If I'm receiving unemployment benefits, how will that affect my workers' comp claim?

Any unemployment benefits received while you are entitled to either TTD or TPD benefits will be deducted from your workers' comp benefits (note that a credit cannot be taken by the Employer against any PPD benefits).  In other words, injured workers are not entitled to a "windfall" or a double award of weekly benefits.

For example, if your compensation rate is $400.00 per week, and you are also receiving $300.00 per week in unemployment benefits, you would only be entitled to receive $100.00 per week in workers' comp benefits.