When an employee sustains an injury arising out of and in the course of their employment, the Exclusive Remedy Doctrine provides that their only avenue for recovery against their employer is under the Workers’ Compensation Act. Sabellona v. Albert Painting, Inc., 303 Ga. App. 842, 695 S.E.2d 307 (2010); Sargent v. Blankmann, 202 Ga. App. 156, 413 S.E.2d 495 (1991). This means the injured worker cannot file a tort claim against their employer for the same accident and injury that is the subject of their workers’ compensation claim. An injured worker’s remedy is not limited to just the Workers’ Compensation Act, however, if their injury arose out of and in the course of their employment ... Continue Reading
Who Can Sue? Identifying Proper Parties and Standing in Wrongful Death Cases
In every lawsuit, the concept of standing plays a crucial role. Standing refers to the legal right of an individual or entity to challenge the conduct of another party in court. In a typical personal injury lawsuit, the person bringing the suit is also the person claiming to be injured. In such cases, standing is straightforward: they claim to have been injured by another person’s conduct, and thus have the right to challenge said conduct in court. However, when the person who was injured by another person dies, standing becomes more complex. In defending a wrongful death claim, one of the preliminary focuses must be on whether the party bringing the suit has the capacity to do so. What ... Continue Reading
Tips for Managing Workers’ Compensation Claims for Employees Under 18 Years of Age
Given the considerable number of employees under the age of 18 in the workforce, employers and insurers need to be aware of how to manage those claims. While minor employees are entitled to the same benefits as adult employees, the way those benefits are paid, and the way the claims are settled, is different. Generally, the only person capable of representing a minor entitled to workers’ compensation benefits is a conservator duly appointed and qualified by a probate court or some other court of competent jurisdiction. This means that indemnity benefits should not be paid directly to a minor employee; rather, they must be paid to a conservator who will hold and use the funds for the ... Continue Reading
When An Employee Is Injured Off-The-Clock: A Case Analysis Regarding The “Ingress and Ingress Rule” For Accidents Occurring before or After the Work Shift
It is well-established that injuries sustained while an employee is going to or leaving work are not compensable under the Workers’ Compensation Act, yet the courts have long recognized an exception to this general principle known as the “ingress/egress rule,” which extends the “period of employment” to include a reasonable time for ingress to or egress from the place of work, such that injuries which occur on the employer’s premise during such reasonable time may be compensable. See O.C.G.A.§ 34-9-1(4). In a practical manner, questions surrounding the application of the ingress/egress rule commonly arise when an employee is not “on the clock” but is nevertheless injured entering the ... Continue Reading
Tips for Managing Workers’ Compensation Claims for Employees Under 18 years of age
Given the considerable number of employees under the age of 18 in the workforce, employers and insurers need to be aware of how to manage those claims. While minor employees are entitled to the same benefits as adult employees, the way those benefits are paid, and the way the claims are settled, is different. Generally, the only person capable of representing a minor entitled to workers’ compensation benefits is a conservator duly appointed and qualified by a probate court or some other court of competent jurisdiction. This means that indemnity benefits should not be paid directly to a minor employee; rather, they must be paid to a conservator who will hold and use the funds for the ... Continue Reading
Drew Eckl & Farnham Celebrates 40th Anniversary
Drew Eckl & Farnham is happy to announce it is celebrating its 40th anniversary. Since its founding on February 14, 1983, Drew Eckl has been a pillar of the legal community in Georgia and beyond. Having started with only 22 attorneys laying the foundation, the firm has grown exponentially to nearly 100 attorneys and 100 staff members providing top quality legal services. Drew Eckl has also expanded is services across the state of Georgia, adding three new offices outside of its headquarters in Atlanta. The former Brunswick office opened on May 15, 1998, as the firm’s first expansion office, and it is now located in St. Simons Island, GA. Since then, Drew Eckl has opened two ... Continue Reading
City of Atlanta Adds New Protection for Gender Expression and Prohibits Discrimination Based on Criminal History
ATLANTA, December 8, 2022 — The City of Atlanta recently amended its existing anti-discrimination law to include protections based on both gender identity and the criminal history of job applicants and employees. Under existing city law, individuals who believe that they have been subject to employment discrimination can file complaints with the Atlanta Human Relations Commission. With this new amendment, the city added gender expression and criminal history as additional protected characteristics that could give rise to such a complaint. The amended ordinance still allows employers to make adverse employment decisions based on criminal history status if the criminal history is ... Continue Reading
Derivative Defamation: The Application of Respondeat Superior to Slander Claims
It is a well-known principal of Georgia law that an employer can be held vicariously liable for injuries to another proximately resulting from the acts of an employee committed within the scope of his or her employment pursuant to the doctrine of respondeat superior. O.C.G.A. § 51-2-2. In order for an employer to be held liable for an employee’s actions under respondeat superior, the employee must (1) be in furtherance of the employer’s business, and he or she must (2) be acting within the scope of his employer’s business. Piedmont Hosp. v. Palladino, 276 Ga. 612, 613 (2003). However, this general principal ... Continue Reading
Avoiding Common Pitfalls and Preserving Defenses in the Event of Application Misrepresentation
When faced with evidence that an insured misrepresented material facts on an application for insurance, the stakes are high: taking the position that a policy is void ab initio and provides no coverage for a loss usually results in litigation. Insurance carriers are wise to ensure that the case is strong before proceeding down the path of rescission. This article provides guidance on which ducks to align, attractive pitfalls to avoid when building a case for rescission, and recent decisions discussing these topics. Under Georgia law, a statement made in an insurance application must be one of the ... Continue Reading
Last Will and Testament
Have you wondered what the difference between a Last Will and Testament and a Trust (Revocable orIrrevocable) is, and if one is better than the other? We get this question frequently, and the answer is that itdepends on your situation and your goals.Last Will and TestamentA Last Will and Testament is a document you create during your lifetime that directs where your assets thatare subject to probate (the formal process of having your assets distributed through the court system) willgo at your death. Your Will is only effective at your death; it does not have any power if you areincapacitated but still alive. A Will does not avoid probate, but rather makes sure that your assets go to ... Continue Reading