The willful misconduct defense is one that is notoriously difficult to successfully assert, but there are a few actions that an employer can and must take before an accident even occurs in order to protect an employer/insurer's ability to assert this defense in a claim involving employee misconduct. The willful misconduct defense is one that is notoriously difficult to successfully assert, but there are a few actions that an employer can and must take before an accident even occurs in order to protect an employer/insurer’s ability to assert this defense in a claim involving employee misconduct. Under Georgia law, the Employer has an affirmative defense to compensation in certain ... Continue Reading
Shielding Your Company From Claims By Temporary Employees
For some, the Christmas season is considered the most wonderful time of the year. But for many businesses, especially in the retail and hospitality industry, the season is their busiest time. According to the National Retail Federation, most retail businesses see a 30 percent increase in sales in November and December as compared to the rest of the year. For this reason, it is not uncommon for many businesses to hire seasonal employees. The increase demand requires additional workers, albeit on a temporary basis. Many companies rely on temp agencies to fill these gaps in workers. Many of these employees are hired as 1099 independent contractors, while some are merely contracted out from ... Continue Reading
We Can All Learn A Little Something from Strippers: The Basic Analysis Distinguishing Employees from Independent Contractors
It can be to a business's advantage to work with independent contractors, as this may lessen their liability under the Act, but there are risks associated with misclassifying workers. If a business misclassifies an employee as an independent contractor and that employee has a compensable work-related injury, the Employer and Insurer can likely face back indemnity benefits, back medical benefits, attorney fees, and penalties. Under Georgia law, independent contractors are excluded from coverage under the Georgia Workers’-Compensation Act (hereafter “the Act”), save for a showing of statutory employment or estoppel. Reynolds v. McKenzie Perry Homes, Inc., 261 Ga. App. 379, 380, 582 ... Continue Reading