workers' compensation

How Workers’ Compensation Laws Affect Employees Temporarily Assigned to Another Employer

April 10, 2020 | Benjamin S. Persons, IV

As you probably know, if you are injured on the job, your employer must pay you certain medical and wage replacement benefits under Georgia’s workers’ compensation law. Indeed, workers’ compensation provides what is considered an “exclusive remedy” in these situations. That is to say, you cannot file a personal injury lawsuit against your employer so long as it complies with the workers’ compensation law.

The exclusive remedy of workers’ compensation does not apply to potential claims against third parties. For example, if you are driving a company-owned truck on a delivery and get hit by a drunk driver, workers’ compensation does not prevent you from suing that driver. Of course, if you do successfully pursue a personal injury claim against the drunk driver, then your employer may seek to recoup some of the workers’ compensation benefits previously paid to you.

Sprowson v. Villalobos

Court of Appeals: Contractor Not Liable for Subcontractor’s Employee’s Fall From Ladder

July 12, 2019 | Benjamin S. Persons, IV

When it comes to personal injury claims, you should never make assumptions. For instance, even if you believe an accident was the result of a faulty piece of equipment, you still need to prove it in court. Do not assume the judge (or jury) will just take your word for it that “it must have been broken.”

Lakeshore Contracting, LLC v. Lopez-Hernandez

A recent decision from the Georgia Court of Appeals, Lakeshore Contracting, LLC v. Lopez-Hernandez, offers a useful illustration. This case involves an accident that occurred at a construction site. The defendant is a general contractor. In 2016, a customer hired the defendant to remodel a retail store. The defendant hired two subcontractors to perform the actual remodeling work. One of the subcontractors then hired the plaintiff to assist him.

Georgia Restaurant Manager Shot by Robbers While Returning Home Entitled to Workers’ Compensation Benefits

June 28, 2019 | Benjamin S. Persons, IV

Workers’ compensation is normally the “exclusive remedy” for Georgia workers seeking benefits from their employer as the result of a work-related accident. By “work-related,” we mean that the employee’s injuries “arose out of and in the course of his employment.” In most cases, it is clear whether or not a worker’s injury was related to his employment. There are other cases where employers–and occasionally courts–may disagree as to the employee’s exact status at the time of their injury.

Kil v. Legend Brothers, LLC

A recent decision from the Georgia Court of Appeals, Kil v. Legend Brothers, LLC, offered just such a scenario. This case involved a restaurant employee who was shot during an armed robbery attempt. His employer subsequently denied his claim for workers’ compensation benefits.

11th Circuit Revives Disabled Truck Driver’s Lawsuit Over Forklift Operator’s Alleged Negligence

June 14, 2019 | Benjamin S. Persons, IV

You probably know that if you are injured on the job, workers’ compensation covers your employer’s liability for the accident. Workers’ compensation does not apply to third-party liability, however. In other words, if your work-related accident was caused by someone other than your employer (or someone working for your employer), you can still file a separate personal injury lawsuit against that party.

Newcomb v. Spring Creek Cooler, Inc.

Of course, unlike “no-fault” workers’ compensation benefits, you still have to prove that the third party did something wrong. The third party may turn around and argue you were either at-fault for the accident, or you should have been aware of the dangerous condition that caused your injuries.

Is a Georgia Employer’s “Aggravation” of an Employee’s Car Accident Injuries Covered by Workers’ Compensation?

May 31, 2019 | Benjamin S. Persons, IV

Workers’ compensation represents a legislatively imposed bargain between employees and employers. The bargain works like this: If the employee is injured in the course of employment, the employer agrees to pay certain medical and wage-replacement benefits. The employer is not required to admit fault for the accident, and the employee is not allowed to file a personal injury lawsuit seeking damages outside of the workers’ compensation system.

Savannah Hospitality Services, LLC v. Scriven

A recent decision from the Georgia Court of Appeals, Savannah Hospitality Services, LLC v. Scriven, clarifies the “exclusive remedy” nature of workers’ compensation. This case involves a 2016 auto accident. The plaintiff was driving a vehicle owned by his employer at the time. He subsequently filed a personal injury lawsuit against the driver and owner of the other vehicle. (Such third-party claims are not covered by workers’ compensation.)

Ga. Court of Appeals Holds State Insolvency Pool Entitled to “Offset” Claims Using Other “Primary” Insurance Coverage

March 15, 2019 | Benjamin S. Persons, IV

All Georgia employers are required to have workers’ compensation insurance. This provides medical and wage replacement benefits to employees who are injured in the course of their employment. For example, if you are in a car accident while driving a company-owned vehicle to make a sales call, you would be eligible for workers’ compensation benefits.

What happens when your employer’s insurance company is insolvent, i.e., it cannot pay out your claim? In that case, the Georgia Insurers Insolvency Pool takes over. This is a nonprofit entity that effectively steps into the shoes of the insolvent insurer and pays any outstanding workers’ compensation claims.

Georgia Insurers Insolvency Pool v. Dubose

Forklift Manufacturer Faces Federal Trial Over Injured Worker

January 30, 2019 | Benjamin S. Persons, IV

Many Georgia workers are injured on the job due to defective equipment. While workers’ compensation covers an employer’s liability for such accidents, the injured worker may still file a civil lawsuit against the third-party manufacturers who were responsible for designing or manufacturing the equipment.

Vazquez v. Raymond Corporation

For example, a federal judge in Gainesville, Georgia, recently rejected an attempt to dismiss a product liability claim filed by a local forklift operator. In July 2016, the plaintiff was using a forklift rented by his employer to move a pallet of tires in a warehouse. At some point, the plaintiff “lost control of the forklift and crashed into a metal column,” which ended up crushing his left foot, according to court records.

Can Georgia Employees Claim Workers’ Compensation if They are Injured While Going to Lunch?

November 30, 2018 | Benjamin S. Persons, IV

Workers’ compensation is a state-run insurance system designed to provide “no-fault” benefits to employees injured on the job. No-fault means that a worker may receive medical and income replacement benefits without having to establish the employer was negligent or somehow responsible for the injury. However, the injury must occur in the course of employment and not some “individual pursuit.”

Frett v. State Farm Employee Workers’ Compensation

Georgia courts have long held that an employee who is on a scheduled lunch or rest break during the workday is engaged in an “individual pursuit,” and therefore not entitled to workers’ compensation benefits if they are injured during that time. Recently, the Georgia Court of Appeals reaffirmed that principle in a case addressing an employee was injured while preparing to leave work for lunch.

Judge Rejects Lawsuit Arising from Electrician’s Fall From Ceiling

November 23, 2018 | Benjamin S. Persons, IV

In Georgia, workers’ compensation is intended to provide employees with an “exclusive remedy” against their employers for job-related accidents. This means that the employer is required to pay certain benefits, regardless of fault. In exchange, the employee has no legal right to pursue a personal injury lawsuit against the employer. The exclusive remedy rule does not, however, apply to third parties whose negligence may have contributed to the accident.

Felker v. Tyson Foods, Inc.

Of course, there are scenarios in which a third party may try and claim protection under the workers’ compensation law as “statutory employers.” Here is a recent example of such an attempt. In this case, Felker v. Tyson Foods, Inc., the plaintiff worked as an electrician. The defendant hired an electrical contractor to assist in some renovation work on one of its facilities. The plaintif, in turn, worked for the contractor.

Railroad Disputes Employee’s Report of Broken Chair Accident

July 12, 2018 | Benjamin S. Persons, IV

In any personal injury case, it is helpful to have as much documentation as possible regarding the actual injury. For example, if you slip and fall in a supermarket, it can help your case for damages if the store maintained video surveillance of the area where your accident took place. In the absence of such firsthand evidence, defendants may attempt to use outside experts to “reconstruct” the accident in a manner that conflicts with your version of events.

O’Neal v. Norfolk Southern Railroad Company

Consider this ongoing federal lawsuit pending before a judge in Macon. This case is not a supermarket slip-and-fall, but rather a workplace accident involving two men who worked for Norfolk Southern Railroad. The employer’s identity is important because there is a special federal law–the Federal Employers Liability Act (FELA)–which governs personal injury claims involving railroad employees.