The law provides that an “injury by accident arising out of and in the course of employment” shall be considered a workers’ compensation injury. O.C.G.A. § 34-9-1(4). Hence, the Employee must show that she suffered an (i) injury by accident; that (ii) arose out of employment; AND was (iii) in the course of employment. To be successful, the Employee must meet all three prongs.
The term “injury by accident” is very broad. Essentially, the Employee must have suffered an initial physical injury that was not intentionally inflicted.
The term “arising out of employment” has been interpreted to refer to the causal relationship between the work and the resulting injury. Moreover, (more…)
