Can a client file a worker’s compensation claim if injured training for yearly physical fitness tests?

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Can a client file a worker’s compensation claim if injured training for yearly physical fitness tests?

A police officer participates in a voluntary tactical team which they receive no additional pay or benefits for. To be part of the team, yearly physical fitness tests must be passed. While training for one test, the officer is injured. Can a worker’s compensation claim be filed?

Asked on March 3, 2012 under Employment Labor Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends. If the voluntary tactical team is something for which they are paid (i.e., regular pay, not necessarily extra pay), then it can be considered a work function. The training itself may also be considered a work function but the disclaimers signed should give you the full story on whether it would or could be considered as a workers compensation eligible injury. Better to apply and be turned down. You should also consider simultaneously applying for short term disability but the short term disability may be a safer bet as far as payout is concerned.


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