The workers' compensation system is a microcosm of American society as a whole and there are times when injured The workers’ compensation system is a microcosm of American society as a whole and there are times when injured workers are incarcerated after the commission of a crime. Fortunately, these situations are few and far between. However, it is essential that employers and insurers understand their rights and obligations when dealing with an injured worker who is incarcerated. While there are any number of potential issues that may arise when a claimant is arrested after the commission of a crime, the most common problem relates to the injured ... Continue Reading
Compensability can be tricky! Common Pitfalls Explained
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