Finding the Usual Suspects - Death Benefits Stemming from Third Party Criminal Action Against Employee
When employers are faced with the unexpected death of an employee, they may be held liable under the Georgia Workers Compensation Act. However, for this to occur, the employee's death must result from an accident "arising out of and in the course of employment." Although the claimant bears the burden of proof to establish that the employee for whom they are claiming benefits did in fact die in the course of his or her employment, there exists a presumption that the death meets the criteria for coverage under workers compensation, if the death is unexplained and if the employee is found in a place where he might reasonably have been expected to be in the performance of his duties. Code, § 114-101 et seq. ... Continue Reading
Dual Coverage for Workers' Compensation Insurance Under a Voluntary Policy and Assigned Risk Plan in Georgia
Georgia employers are required by law to retain workers' compensation insurance if they employ three or more full time, part time, or seasonal employees. This is an arduous endeavor, however, as several employers are unable to obtain workers' compensation coverage in the standard insurance market. Fortunately, every state provides employers an opportunity to acquire workers' compensation insurance through a Workers' Compensation Assigned Risk Plan, Pool, or Residual Market. ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley