Articles Tagged with workplace accidents

Workers’ compensation requires Georgia employers to pay medical and wage replacement benefits to employees injured “in the course of” employment. This includes not only injuries that occur while actively working, but also during times “incidental” to a job, such as entering or exiting the employer’s premises. However, employers are not liable for injuries that occur when an employee is engaged in an “individual pursuit.”

Frett v. State Farm Employee Workers’ Compensation

In 2018, we discussed a decision from the Georgia Court of Appeals, Frett v. State Farm Employee Workers’ Compensation, where an employee was injured during a scheduled lunch break. To briefly recap, the employee was a claims adjuster at State Farm. The employer required her to take an unpaid 45-minute lunch break each day. On the day in question, the employee clocked out for lunch, went to the break room to prepare some food, and slipped and fell as she exited the room.

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.