In some Georgia workers’ compensation claims, injured employees may receive benefits for emotional injuries as well as physical injuries. In a recent case, one state’s appeals court considered a psychiatric injury claim after a construction site accident.
In that case, the construction worker was operating a soil compactor on a hill, and the compactor rose up in the air, causing it to fall backwards on top of the worker. The worker filed for workers’ compensation benefits, and the workers’ compensation judge found the worker sustained a back injury and a psychiatric injury.
Under that state’s law, since the worker had worked at his job for less than six months, his psychiatric injury was compensable if it was caused by a “sudden and extraordinary employment condition.” Courts interpreted that standard to mean that the event was not a routine physical injury but instead was an event that would be expected to cause a psychiatric injury, such as an explosion or workplace violence. The worker was required to show by a preponderance of the evidence that the event was “something other than a regular and routine employment event or condition” and that the event “was uncommon, unusual, and occurred unexpectedly.”