Legal Question in Workers Comp in Georgia

Can a hostile work environment be the basis for a worker's comp claim?

I have been subjected to a hostile work environment by my supervisor. We were friends for many years, and now he is my boss. I KNOW (from our many years of friendship) that he is vindictive and manipulative. I am now on his ''list'' as I have complained to management about him and his abuse and he is ''smartly'' retaliating against me. As I move forward gathering the documents and evidence of his hostilities and the company's failure to do anything about it, my question today is: Is stress, which is caused by this environment (to include HR's non-responsive responsiveness), a basis for a worker's comp claim? If it is, how do I properly handle it? For additional information, I have been to see a EAP counselor and my medical doctor (who prescribed some meds). Thank you.


Asked on 6/12/03, 2:51 pm

1 Answer from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Can a hostile work environment be the basis for a worker's comp claim?

By itself, stress can not form the basis of a claim for work related injury. It is often said, however, that physically induced emotion trauma is a compensable event when the emotional trauma arises as an incidence of the physical injury. The amount of physical injury which will justify such a claim of work relatedness of the emotional trauma does not seem to be as important as the Doctor's opinion that the one follows the other. Your fact statement does not include factors which suggest there is such a relationship and on the basis of the current facts I would have to say in your case it does not appear that you could successfully pursue a claim for benefits under the worker's compensation statute. However, if the facts of you case include a physical injury which your doctor feels produces or contributes to your emotional condition, then I would be happy to review your claim on a no obligation basis.

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Answered on 6/12/03, 3:10 pm


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