In Georgia, the Workers' Compensation Act was designed to protect and cover employees against injuries on the job. However, in certain cases, In Georgia, the Workers’ Compensation Act was designed to protect and cover employees against injuries on the job. However, in certain cases, most predominantly those involving construction-related injuries, an employee may be hired by a direct employer who does not have coverage. In those instances, the direct employer, most often a subcontractor, simply may not have had coverage as a result of having fewer than three employees. O.C.G.A. § 34-9-8 was designed to provide coverage “up the ladder” in certain instances where a ... Continue Reading
To Catch a Plaintiff: Production of Surveillance Evidence Prior To Trial
The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant's premises. The following is a common place scenario in a general liability claim. Plaintiff alleges personal injuries as a result of an accident on Defendant’s premises. Defendant hires an investigator to perform surveillance on Plaintiff. In discovery, Plaintiff requests any surveillance videos or photographs and the name of the investigator who obtained them. Defendant discloses the existence of surveillance but objects to its production on the grounds that such evidence is protected by the work-product privilege and/or is outside ... Continue Reading
Forum Selection Clauses In Construction Contracts- Enforceable Or Not?
Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the Late last year in Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S.Ct. 568 (2013), the United States Supreme Court took a critical stand for subcontractors, limiting the use of forum selection clauses in construction contracts. In so holding, the Court upheld the law of twenty-four states, which will now shape the future of forum selection clauses across the country. In Atlantic Marine, a Virginia based general contractor, Atlantic ... Continue Reading
A Successful 240 – Ensuring A Valid Offer Of Suitable Light- Duty Work And An Unjustified Refusal
You know the scenario. The Employer is certain that the injured worker is milking his disability status and is capable to return to work. Co-workers report seeing You know the scenario. The Employer is certain that the injured worker is milking his disability status and is capable to return to work. Co-workers report seeing the alleged injured worker out and about in town engaging in activities (partying, hunting, fishing, exercising, riding horses) that are inconsistent with the agonizing complaints of pain limitations the claimant is giving the authorized treating physician. Despite the evidence of the injured worker’s active lifestyle, the authorized treating physician still ... Continue Reading
Willful Misconduct: The Horseplay And Assult Exceptions To The Workers’ Compensation Act
Jack and Jill are friendly coworkers who often chat and take breaks together. One day while working together, Jack animatedly tells Jill Jack and Jill are friendly coworkers who often chat and take breaks together. One day while working together, Jack animatedly tells Jill a story regarding an altercation he witnessed. In the course of the story telling, he demonstrates with a “friendly” shove to Jill’s shoulder. Not recognizing his own strength and catching Jill off-guard, the shove causes Jill to stumble backwards. Unable to regain her balance, Jill falls to the floor, landing on her back. As a result of the accident, Jill sustains a lower back injury. She reports the injury ... Continue Reading
The National Labor Relations Act’s Effect On Non-Union Workplaces
In recent years, the National Labor Relations Board ("NLRB") has taken an unprecedented interest in the regulation of non-union workplaces. In recent years, the National Labor Relations Board (“NLRB”) has taken an unprecedented interest in the regulation of non-union workplaces. The NLRB, a federal agency, was created in 1935 with the passage of the National Labor Relations Act (“NLRA”). The NLRA is a federal law that grants employees the right to: (1) form or join unions; (2) engage in protected, concerted activities to address or improve working conditions; or (3) refrain from engaging in these ... Continue Reading
Getting To The “Heart” Of The Matter: Effective Investigation OF Heart Attacks, Stroke, and Resulting Death Claims
Every on-the-job accident needs to be promptly and thoroughly investigated. However, this is especially true in the case of heart attacks, strokes, or Every on-the-job accident needs to be promptly and thoroughly investigated. However, this is especially true in the case of heart attacks, strokes, or deaths resulting from either. Effective investigation of these claims is crucial to preparing for potential litigation, and may help to limit liability or, in some cases, avoid it altogether. A. Heart Attack and Stroke Injuries Out of the ... Continue Reading
Out Of State Employment And Accident – Jurisdiction In Georgia?
The term "jurisdiction" in a workers' compensation context frequently means whether the claim has been timely filed. However, it can also involve the issue of whether The term “jurisdiction” in a workers’ compensation context frequently means whether the claim has been timely filed. However, it can also involve the issue of whether the accident, the employer and the claimant have sufficient ties to Georgia thereby allowing benefits to be paid under our laws. When an individual is employed elsewhere, and suffers an accident outside of this state, one of the questions raised is whether the claim can be filed ... Continue Reading
Average Weekly Wage: What Is A Fair Calculation?
Pursuant to the Georgia Workers' Compensation Act, when an injured worker is either totally or partially disabled as the result of an on-the-job injury, Pursuant to the Georgia Workers’ Compensation Act, when an injured worker is either totally or partially disabled as the result of an on-the-job injury, he is entitled to indemnity benefits until said disability ends. This is not peculiar to Georgia and the workers’ compensation laws of all states have a system for providing benefits to injured workers when they are incapable of performing their jobs as the result of an accident at work. While all states generally use the injured workers’ average weekly wage when ... Continue Reading
Sureties And Contractors: Deviate From The Contract’s Claims Notice Provisions At Your Own Peril
The Georgia Court of Appeals' March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of The Georgia Court of Appeals’ March 28, 2014 decision in Western Sur. Co. v. Department of Transp. is likely to strike fear into the hearts of Georgia Contractors and Sureties. In that decision, the Court held that such Contractors and Sureties, absent extraordinary circumstances, must comply strictly with their Contract’s notice and claims provisions, or they will forfeit their right to seek damages or compensation for cost increases. Thankfully, as will be discussed below, those Contractors and ... Continue Reading