A knee that gave way at work, causing a fall
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed October 2022
Legal Inquiry
Consumer Legal Issue
I was on my knees performing chest compressions at work. As I stood up my right knee gave out and dislocated, and I fell backwards and hit my head on a table. The knee went back into place and emergency services were called.
Attorney Answer
An injury that starts with the body giving way is still covered if the work put the person in that position — and the fall that followed is its own injury.
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 satisfied. In the course of is not in doubt here. Arising out of is the one that gets argued in this situation, because an insurer may say the knee would have given way anywhere.
The answer usually lies in what the work required. Kneeling to perform chest compressions and then rising is a work posture, not an ordinary one, and where the job places the body in that position the resulting injury is generally connected to the employment.
The head injury is a separate matter and should not be folded into the knee claim. A fall backwards onto a table with a head strike needs its own assessment and its own entry in the record, because head injuries are commonly under-documented when a more obvious orthopaedic injury is present.
What you can do
1. Make sure the incident report records BOTH the knee and the head strike, not just the knee. 2. Be examined for the head injury specifically, and say that you struck it on a hard surface. 3. Note any later symptoms — headache, nausea, concentration, sleep — with dates. 4. Ask for a copy of the employer's incident report and check it matches what happened. 5. Speak to a Georgia workers' compensation attorney if coverage for either injury is questioned.
⏱ 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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Frequently Asked Questions
Is an injury covered if the worker's own body gave way?
It can be. Georgia covers injury by accident arising out of and in the course of employment, and where the job placed the worker in the position that produced the injury, the connection to the work is what matters rather than the underlying susceptibility.
Should a secondary injury from a fall be reported separately?
Yes. A head strike following an orthopaedic injury is its own injury and is frequently under-documented. It should appear in the incident report and in the medical record in its own right.
What does 'arising out of' employment mean?
That the employment created or contributed to the risk that caused the injury. It is a separate requirement from being at work at the time, which is what 'in the course of' covers.