Can Injured or Ill Poll Workers Get Workers’ Comp in Georgia?

Learn about your rights and legal options if you’re injured as a poll worker in Georgia

Poll workers play a crucial role in ensuring the smooth operation of elections, often working long hours in a fast-paced environment to assist voters. While these civic-minded individuals help safeguard democracy, they’re also exposed to potential injuries on the job, from slips and falls to repetitive strain from setting up equipment to injuries from violence. 

This raises an important question: Are poll workers in Georgia entitled to workers’ compensation benefits if they get hurt while performing their duties? 

Unfortunately, this question is not always easy to answer and can depend on a number of factors, which we’ll discuss below.

Are poll workers considered county employees or volunteers?

One of the key factors in determining whether a poll worker in Georgia is eligible for workers’ compensation is the nature of the relationship between the poll worker and the county. This relationship is crucial because, under Georgia law, workers’ compensation benefits are typically available to employees, not independent contractors or volunteers.

So, the central question becomes: Are poll workers considered employees of the county, or are they classified as public service volunteers with no formal employment status?

In many cases, the argument made by counties is that poll workers are temporary public service officers rather than county employees, which exempts them from workers’ compensation benefits. 

Since poll workers are usually hired for short-term, temporary roles that coincide with election days, they may not meet the legal criteria of an employee under Georgia’s workers’ compensation laws. Additionally, poll workers often receive stipends for their service rather than regular wages, which further complicates their classification.

However, some may argue that because poll workers are performing a necessary function for the government, under the supervision of county officials, and are following specific directives, they should be considered employees for workers’ comp purposes. The resolution of this issue often depends on the specifics of each case, the interpretation of the employment relationship, and whether poll workers can be seen as having employee status under the law.

Are poll workers considered employees during training?

In Georgia, poll workers are required to undergo training before they can begin their duties on election day. However, until they complete this training, poll workers may not be officially recognized as “employees” under the county or state’s employment rules. This distinction is important when determining whether poll workers are entitled to workers’ compensation benefits if they’re injured during the training period.

The general rule is that poll workers do not attain the status of “employee” until they have successfully completed their training and are set to work at the polls. This means that injuries sustained during the training phase may not automatically qualify for workers’ compensation.

However, there is an exception to this rule: If a poll worker is injured during training and that injury prevents them from fulfilling their duties on election day, the worker may be eligible for workers’ comp benefits. This exception recognizes that the injury directly impacts the worker’s ability to perform the services for which they were preparing, thus making the situation more closely aligned with traditional employment.

For instance, if a poll worker breaks a bone after tripping during a mandatory training session, and the injury is severe enough to prevent them from working at the polls on election day, the argument could be made that the injury is compensable. In this case, the worker’s inability to complete the task they were training for may justify a workers’ compensation claim.

Location: Where poll workers are injured matters

An additional gray area pops up when considering the location of the polls. An injured Georgia worker is legally entitled to compensation if they’re injured on the work premises. In the case of the election, there are several different locations that host the polls, such as schools, churches, and community centers.

Once the polls are closed, the completed ballots have to be transported to a different location for counting—often a public library or police station—which are also not properties owned by the county or state government. Moreover, training also occurs at a variety of locations not technically owned by the employer, which presents a further legal hurdle.

In these scenarios, injured poll workers may face legal hurdles when trying to prove that their injuries occurred on work premises or during a work-related task. Understanding whether workers’ compensation applies to injuries sustained at polling or training locations requires careful legal evaluation, often with the assistance of a workers’ comp attorney.

Determining lost wages for poll workers

A large part of determining the amount of compensation a worker is awarded comes from the wages they’ve earned. In the case of a poll worker, this can be difficult to determine and varies by state or even county.

Poll workers aren’t guaranteed to have the job when the next election comes around, and they often receive minimal income for their labor, all of which make it tricky to determine whether or not a poll worker can recover wage loss benefits through workers’ comp.

Furthermore, even if they’re entitled to workers’ compensation benefits, they often make so little that they won’t receive enough to cover their lost income.

Do poll workers have any other legal options for compensation after an injury?

If a poll worker is injured and is not considered an employee, they may not be eligible for workers’ compensation benefits. However, there are other potential legal avenues for recovering compensation. One of the most common alternatives is filing a premises liability claim. 

If the injury occurred due to a hazardous condition at the polling place—such as a wet floor, poor lighting, or unsafe equipment—a poll worker may be able to pursue compensation against the property owner. This could apply to polling sites located in schools, churches, or community centers that are not owned by the county or state.

In a premises liability claim, the injured party would need to prove that the property owner or operator was negligent in maintaining a safe environment, which directly led to their injury.

This legal option can help recover costs related to medical bills, lost wages, and other damages incurred from the injury.

Contact experienced Georgia workers’ compensation attorneys

Additional options for compensation may be available to poll workers if they’re injured while performing a work duty, depending on the circumstances. Regardless of how you were injured on the job, consider contacting an experienced Georgia work injury attorney at Gerber & Elkins to learn about your legal options.

Our team has successfully represented poll workers and other injured workers in the Atlanta area for over 30 years. We’ll take the time to review your case, explain your rights, and create a roadmap of what to expect if you decide to file a claim.

Get started today by scheduling a free consultation with Gerber & Elkins Workers’ Compensation Attorneys.