A deep cut at work and whether it is covered

Q: Are minor injuries covered by workers' compensation?

Coverage does not depend on severity. O.C.G.A. § 34-9-1(4) covers injury by accident arising out of and in the course of employment, and what an injury is worth is a separate question from whether it is covered.

Q: What should a worker say when getting treatment for a work injury?

That the injury happened at work, so the clinician records it. That record is often the clearest evidence connecting the injury to the workplace.

Q: Does it matter if no one else was at fault?

Generally not. Georgia workers' compensation does not require proof that the employer or anyone else was negligent.

Question

I cut my finger at work, two or three centimetres deep, and it bled for about fifteen minutes.

A. Jason Velez · Accepted Answer

A laceration at work is covered by workers' compensation whether or not anyone was careless — the test is about the work, not about blame. O.C.G.A. § 34-9-1(4) defines what the system covers: “Injury” or “personal injury” means only injury by accident arising out of and in the course of the employment… Both halves have to be true. In the course of is about time and place — at work, doing the job. Arising out of is about cause — the work created the risk. Most workplace injuries satisfy both without argument. A cut sustained while doing the job satisfies both halves in the ordinary case. What decides whether the claim is straightforward is usually the record: whether it was reported, and whether it was treated by someone who wrote down that it happened at work. A deep laceration also carries risks that are not obvious on the day — tendon or nerve involvement, and infection. Those are the reasons to have it looked at properly even when the bleeding has stopped. ## What you can do 1. Report it to your employer in writing today if you have not already. 2. Have the wound assessed by a clinician and say clearly that it happened at work. 3. Ask whether there is tendon or nerve involvement, and keep the answer in the record. 4. Keep photographs of the wound, dated. 5. Ask your employer for confirmation that a claim has been filed. ⏱ Time limits apply. Georgia sets deadlines for every kind of claim and they are shorter than most people expect. Confirm the one that governs your situation with a Georgia attorney before assuming there is time. A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.

A deep cut at work and whether it is covered

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