Insect bites sustained at work
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed October 11, 2023
Legal Inquiry
Consumer Legal Issue
I was bitten by bed bugs while working. Is that covered by workers' compensation, and what do I need to do?
Attorney Answer
Insect bites at work are covered on the same test as any other workplace injury — what matters is whether the work exposed you to them.
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…
The phrase that decides an insect-bite claim is arising out of. Exposure that anyone in the general public faces equally is treated differently from exposure the job itself created. Being sent into premises where an infestation existed is a work-created exposure; being bitten somewhere anyone might be is a harder case.
The practical difficulty with bites is proof of where they happened, and that is solved by early documentation rather than by argument later.
What you can do
1. Report it to your employer in writing, naming the location where you were working. 2. Photograph the bites, dated, and again as they develop. 3. Get medical attention, particularly if there is any sign of infection or a reaction. 4. Note whether anyone else working there was affected. 5. Ask your employer to confirm 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.
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Frequently Asked Questions
Are insect bites a compensable workplace injury?
They can be. The test in O.C.G.A. § 34-9-1(4) is injury by accident arising out of and in the course of employment, and an exposure the job created is what brings a bite within it.
Why is documentation especially important for bites?
Because the location and timing are harder to establish later than for an obvious traumatic injury. Photographs, a prompt written report and a medical record made at the time are what connect the bites to the workplace.
Does an injury have to be dramatic to be covered?
No. Coverage does not depend on severity, though severity does affect what a claim is worth.