The state of Georgia is one of many U.S. states where annual natural disasters historically include a series of tornadoes and hurricanes. The state experienced 56 tornadoes in 2022 alone. The events caused $1.5 million in damages, 15 injuries, and one fatality. In 2024, Georgia suffered even worse devastation at the hands of Hurricane Helene, which claimed dozens of lives and is expected to cost the state a staggering $417 million.
Recent natural disasters in Georgia
On March 26, 2023, Georgia Governor Brian Kemp declared a state of emergency as multiple tornadoes and severe thunderstorms ravaged Georgia’s central region. Due to the possibility of suffering further devastating storms, 23 counties in the area endured a tornado watch until the afternoon of the 26th. Tornadoes, severe thunderstorms, and the possibility of flash floods continued to be a major concern through the following Monday. The events left more than 4,800 residents without power.
On September 26, 2024, Hurricane Helene made landfall in Florida and caused widespread devastation in multiple states. So far, Georgia has reported at least 33 deaths, with most fatalities due to fallen trees and tornadoes in the southern part of the state.
Governor Brian Kemp toured the hardest-hit areas, from Valdosta to Augusta, highlighting the extensive damage caused by the storm’s 100 mph winds and heavy rains. Valdosta was one of the first cities to be impacted, with historic buildings damaged and many residents left without power. The storm has left Georgia with more damage than Hurricane Michael in 2018, with recovery costs expected to be substantial.
Governor Kemp urged residents to stay off the roads to allow chainsaw teams, first responders, the Georgia National Guard, utility workers, and cell tower climbers to carry out rescue and recovery efforts safely. With ongoing flooding risks and saturated ground, the governor stressed the importance of patience and safety as the state begins its long recovery from the unprecedented storm.
Are tornadoes and hurricanes covered under workers’ comp?
Each U.S. state has workers’ compensation laws that require certain employers to purchase insurance to protect their employees in the event of an on-the-job accident or injury. This workers’ compensation system is designed to provide injured employees with benefits without requiring them to prove negligence on behalf of an employer or business.
It’s undeniable that Georgia tornadoes, hurricanes, and other natural disasters commonly cause injury, illness, and death.
So, are employees entitled to workers’ comp benefits if they’re injured in a freak accident during a tornado, hurricane, or other natural disaster at work?
The short answer is yes. Since injured workers don’t need to establish fault to get workers’ comp benefits, they should be eligible for compensation for an injury at work that results from an unforeseeable event or natural occurrence that was beyond anyone’s control.
What are the eligibility requirements for Georgia workers’ compensation?
Find out who is eligible for workers’ compensation benefits in Georgia, and who is not (exceptions). What are the determining factors involved in eligibility?
What is an employer’s responsibility to a worker during a natural disaster?
According to the Occupational Health and Safety Administration (OSHA), employers and businesses are required to protect employees from workplace dangers, and this protection extends to the possibility of experiencing a natural disaster.
An employer’s responsibilities during a natural disaster include taking steps to prevent injuries and ensure the workplace is safe. As such, employers should have a plan in place for responding to natural disasters and communicating with their employees during an emergency.
They should also provide clear guidance on evacuation procedures and ensure that employees have access to necessary resources and support, such as shelter, food, and medical assistance.
Employee rights following natural disasters
Because natural disasters can be widely disruptive to both work and home life, employees should educate themselves concerning their rights under the worker’s compensation program before a traumatic event occurs. Below are some employee rights you should be aware of after a natural disaster.
Job responsibilities
Following a natural disaster, recovery efforts often shift to rebuilding, so your work duties may change. If your job responsibilities have changed in response to a disaster, it’s crucial that you speak with your employer and verify that your workers’ compensation coverage remains intact under the company’s policy. In the event that your job transitions to a contractor role, you may no longer be eligible for workers’ comp benefits.
Wage loss
After a natural disaster, a business might suffer temporary or permanent closure, subsequently causing employees to lose wages. If you aren’t being paid while your company is in the process of cleaning up or rebuilding, you should explore your options for wage replacement, which may include filing a Georgia unemployment claim or a claim with the Disaster Unemployment Assistance program.
Workplace safety
Tornadoes and other severe storms may cause extensive damage to the area surrounding a business and to the facility itself. Be aware that you cannot be forced to resume your former job duties until your workplace is safe. Ask your employer about the clean-up efforts and verify that your work environment no longer poses a danger before returning to work.
Injured at work during a natural disaster in Georgia? We can help!
If you or a family member suffered an injury at work during a tornado, hurricane, lightning strike, or other natural disaster, you may be entitled to workers’ compensation benefits for lost wages and medical expenses while you recover. Unfortunately, legitimate workers’ comp claims are denied every day, and discouraged workers often give up and end up losing out on the money they need to provide for themselves and their families.
If you live in Atlanta and have any questions about your eligibility for workers’ compensation or need help filing a claim or appealing a claim that’s been denied, contact Gerber & Elkins Workers’ Compensation Attorneys. Our experienced Atlanta work injury attorneys have over 100 years of combined experience helping injured workers across Georgia recover the compensation they deserve.
Contact us today for a free consultation of your case.
