The issue of whether an accident that occurs in the workplace is compensable can be tricky. Often, compensability will hinge on The issue of whether an accident that occurs in the workplace is compensable can be tricky. Often, compensability will hinge on just a few keys facts. Thus, to effectively and efficiently handle workers’ compensation claims, it is important to know the facts to look for that are critical to determining compensability under the Georgia Workers’ Compensation Act and common pitfalls to avoid. Generally speaking, an employee’s “accidental injury must arise out of and in the course of his or her employment” to be compensable. Stokes v. Coweta County Bd. of ... Continue Reading
“I didn’t see it coming.” – When a crime is not foreseeable, the premises owner is not liable
Generally, premises owners face liability for criminal violence on a property when it is reasonably foreseeable. This is because Generally, premises owners face liability for criminal violence on a property when it is reasonably foreseeable. This is because “[a] property owner is not an insurer of an invitee’s safety, and an intervening criminal act by a third party generally insulates a proprietor from liability unless such criminal act was reasonably foreseeable.” Ratliff v. McDonald, 326 Ga. App. 306, 312 (2014). “If the proprietor has reason to anticipate a criminal act, he or she then has a duty to exercise ordinary care to guard against injury from dangerous ... Continue Reading
Work hard, play hard: An overview of the law on injuries occuring during recreational events
The success of a company can be measured in many ways, one of which is by the happiness of its employees. The success of a company can be measured in many ways, one of which is by the happiness of its employees. A savvy employer knows that boosting employee morale can pay dividends, especially when it comes to productivity and longevity within a company. One common way of boosting employee morale is with recreational activities. Such activities can be facilitated in a variety of different manners, but one thing they often have in common is the concept of Work Hard, Play Hard. Unfortunately, accidents happen and people get hurt, even when it’s clear that an employee is just ... Continue Reading
The WC-104: Strict Compliance Is Key
The WC-104 is a favored tool of employers and insurers that is utilized in order to reduce the indemnity exposure in a claim and as a bargaining chip to induce settlement. The WC-104 is a favored tool of employers and insurers that is utilized in order to reduce the indemnity exposure in a claim and as a bargaining chip to induce settlement. However, it is important for defense counsel and their clients to properly understand the process in order to avoid a successful challenge to the validity of the WC-104 by the employee’s counsel. Failing to dot the “i’s” and cross the “t’s” in the WC-104 process can lead to additional exposure for the employer/insurer by prolonging the life of a claim; ... Continue Reading
Workers’ Compensation Liability Arising Out Of Recreational Or Social Events: Its All Fun And Games Until Someone Gets Hurt
As the weather warms up and everyone gravitates towards spending more time outdoors, Employer's often host or sponsor recreational or social events for their employees. As the weather warms up and everyone gravitates towards spending more time outdoors, Employer’s often host or sponsor recreational or social events for their employees. Events such as picnics, sporting teams, festivals, and parties can be a good source of team building and a great morale boost for a workforce. While such events are a fun and relaxed way to socialize, encourage teambuilding and boost morale, they can also be a source of unexpected liability for injuries incurred by employees in the course of organizing, ... Continue Reading
Prior Traversal Of A Static Condition Remains Viable Grounds For Summary Judgment In Premises Liability Cases—For Now
Central to Georgia premises liability law is the requirement that the proprietor have superior knowledge of a hazardous condition on its premises in order to be liable for accidents and injuries Central to Georgia premises liability law is the requirement that the proprietor have superior knowledge of a hazardous condition on its premises in order to be liable for accidents and injuries resulting therefrom. Perkins v. Val D’Austa Co., 305 Ga. App. 126, 128 (2010); see also American Multi Cinema v. Brown, 285 Ga. 442, 444 (2009). In the context of static conditions (i.e. a step) the Georgia appellate courts have long held that an invitee/customer’s actual knowledge of the ... Continue Reading
First Party Property Div Claim: Federal District Court In Georgia Declines Request For Declaration That State Farm Homeowners Policies Provide Coverage For Future Div Claims
The decision in John Thompson v. State Farm Fire and Casualty Co., No. 5:14-CV-32 (MTT) (M.D. Ga. May 14, 2015) reflects yet another effort by policyholders to benefit from The decision in John Thompson v. State Farm Fire and Casualty Co., No. 5:14-CV-32 (MTT) (M.D. Ga. May 14, 2015) reflects yet another effort by policyholders to benefit from the Georgia Supreme Court’s 2012 landmark decision in Royal Capital Development v. Maryland Casualty, 728 S.E.2d 232 (Ga. 2012). In Royal, the Georgia Supreme Court held that there is no meaningful difference between diminution in value (“DIV”) coverage for automobiles (as permitted by the Georgia Supreme Court in State Farm ... Continue Reading
Is The Injury That Occurred On Break Compensable? – Injuries On “Regularly Scheduled Breaks”
What happens when an employee is injured while on a break? Injuries that occur during "regularly scheduled breaks" are generally not What happens when an employee is injured while on a break? Injuries that occur during “regularly scheduled breaks” are generally not compensable if the claimant is free to use their time as they desire. Wilkie v. Travelers Ins. Co., 124 Ga. App. 714, 183 S.E.2d 783 (1971). When the general rule applies, the injury is not compensable because it does not arise out of or occur in the course of employment. However, there are several exceptions that can cause an injury that occurs on a break to be found compensable. The burden in ... Continue Reading
Georgia Supreme Court: The Doctrine Of Sovereign Immunity Does Not Bar Sureties And Subrogees From Recovering Against The State
On September 22, 2014, the Georgia Supreme Court affirmed a controversial Court of Appeals decision, which held that the doctrine of sovereign On September 22, 2014, the Georgia Supreme Court affirmed a controversial Court of Appeals decision, which held that the doctrine of sovereign immunity did not bar sureties or subrogees from recovering breach of contract damages from the State, so long as the surety or subrogee’s principal would have a cause of action for such damages. This decision, a significant positive development for the construction industry, stems from a simple set of facts: In 2008, the Georgia Department of Corrections (“GDOC”) awarded Walker Roofing (“Walker”) ... Continue Reading
Facebooking At Work? It’s For Discovery, I Swear!
Social media and social networking websites have taken a solid foothold in American and global culture. The Pew Research Center estimates that Social media and social networking websites have taken a solid foothold in American and global culture. The Pew Research Center estimates that 74% of all internet users utilize social media in one form or another—71% of that number accounts for Facebook alone. In addition to Facebook, there is Twitter (23%), LinkedIn (28%), Pintrest (28%), and Instagram (26%). These numbers only continues to rise with time. With the increasing and overwhelming ubiquity of these sites, all enterprising professionals should ask themselves: how can I use ... Continue Reading