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A falling object at work and what has to be reported

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed October 3, 2023

Legal Inquiry

Consumer Legal Issue

A box fell on my head at work. What does that mean for a claim?

Attorney Answer

A head injury from a falling object at work is the ordinary case for workers' compensation — but reporting it is what preserves the claim.

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 box falling on someone who is at work, doing their job, satisfies both halves on its face. Fault is not part of the test: the worker does not have to show that the employer did anything wrong, and the employer generally cannot defend on the ground that the worker was careless.

Head injuries are the ones most often under-reported, because the symptoms that matter — headache, nausea, difficulty concentrating, changes in sleep — can arrive later. A report made at the time, and a medical record from the day, are what connect a later symptom to the incident.

What you can do

1. Report the injury to your employer now, in writing, and keep a copy with the date. 2. Get examined the same day if you can, and tell the clinician it happened at work. 3. Write down what fell, from where, and who saw it. 4. Record any symptoms that develop over the following days, with dates. 5. Ask your employer for the claim details, and speak to a Georgia workers' compensation attorney if it is not 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.

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Courts & Legal Aid in Georgia

Frequently Asked Questions

Does a worker have to prove the employer was at fault?

No. Georgia workers' compensation covers injury by accident arising out of and in the course of employment, as O.C.G.A. § 34-9-1(4) defines it. Fault is generally not part of the question.

Why does reporting a workplace injury promptly matter?

Because the report is what links the injury to the workplace. Delay makes the connection harder to establish, particularly where symptoms develop over the following days.

What does 'arising out of and in the course of employment' mean?

Two separate things: in the course of employment concerns the time and place — at work, doing the job — and arising out of concerns cause, meaning the work created the risk.

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