Workers Compensation Law Help State of Georgia?

[crom]

Where can I find out about what is covered in the state of Georgia by workers compensation laws?

I have a friend that was held up at gun point at the bank she works at in Georgia. She has been severly traumatized. The gun was put to her head (pushed hard against her head) and she truly feared for her life. The workers compensation carrier denied the claim. They are "controverting" the claim.
They said it's not a physical injury so they will not pay.
So, where does she go from here?

[iden]

She goes to counseling.

See, workers comp doesn't have a strictly laid out policy as to exactly what they cover - because what they cover changes from month to month, and day to day, with case law. So it's all defined by years and years and years of case law.

BUT, it's always PHYSICAL problems - Bodily injury and disease. So any counseling she wants, she's going to have to request from her employer, or get it on her own through her health policy. Or maybe there's a state victim's assistance fund that would help pay for it.

Workers comp ALSO doesn't pay pain and suffering - it just doesn't. AND, her employer's not at fault for this!!

You could ask her, what would she have done, if she was robbed at gunpoint on a Sunday afternoon leaving the grocery store? Whatever she would do then, is what she has to do now. She's going to have to take care of herself. Or rely on her friends (hint, hint) and family to help take care of her.

[alleyne]

Well, the question would be, does she have any medical bills? Has she had to see a psychiatrist or the sort for her "severe trauma"? Or is she just trying to get some kind of "pain and suffering" settlement? If the answer to one of the first two questions is yes then you may have a case against the Work Comp carrier for denying a claim that should have been covered depending on the Laws in Georgia (sorry I am not familiar with them).

However, if she is just looking to get paid for her mental anguish and has not had any financial loss (i.e. she is still working and has had no time off from work) then she is probably out of luck. Most Work Comp laws state that the employees injuries will be covered as long as they were doing "work" at the time of the injury. However, these laws also prevent the employee from being able to sue the employer for damages.

You didn't mention anything about your friend having to see a psychiatrist or doctor for their injuries and "Severe trauma" so to me it sounds like she is just trying to get a check. If this is the case I'm afraid you're out of luck.

Good luck to you, I hope your friend gets better.

[eilis]

She sees an attorney who specializes in WC claims.