The Georgia’s Workers’ Compensation Act and its State Board of Workers’ Compensation provide parties with specific laws and procedures to follow in Georgia workers’ compensation claims. In a recent Georgia case, an appeals court considered the impact of an employer’s...
Month: February 2019
Court Finds Employer Cannot Recover Overpayment of Benefits Due to Failure to Follow Procedural Requirements
Procedural requirements can be easily overlooked in Georgia workers’ compensation cases. Yet, understanding each party’s duties and responsibilities is extremely important. In a recent case, one state’s supreme court found a claimant could keep an overpayment of...
Employee Obtains Benefits for Back Injury Despite Similar Previous Injuries
Employees who are injured on the job are rarely in perfect health before the work-related injury occurs. The issues of whether an injury is a result of a preexisting condition and whether the injury is work-related are subjects of much litigation in Georgia workers’...
Court Considers Workers’ Compensation Claim of Volunteer Driver
Whether an individual qualifies as an “employee” under the Georgia Workers’ Compensation Act is not always a straightforward determination. Although some individuals clearly fall within the definition of employee, and others are statutorily defined as employees under...
Court Finds Employee May Receive Workers’ Compensation Benefits After Car Accident Occurring on the Way to Weekend Training
The Georgia Workers’ Compensation Act applies to employees’ accidental injuries that arise out of and in the course of employment. However, whether an injury arose out of and in the course of employment is not always clear-cut. For example, although courts generally...
The Importance of Establishing the Employee/Employer Relationship in Georgia Workers’ Compensation Cases
When someone is injured in a Georgia workplace accident, they are generally entitled to benefits through the Georgia workers’ compensation program. In essence, the workers’ compensation program is a no-fault program by which injured employees are able to quickly...
Injured Georgia Worker Required to Disclose Side Business While on Medical Leave
When Georgia workers are injured, they are generally entitled to compensation during the time they are unable to work under the Georgia Workers’ Compensation program. However, these days, many people work more than one job, raising the question of whether those...
The Impact of OSHA Citations on Workers’ Compensation Claims in Georgia
All employers are required to provide a safe workplace for their employees. The U.S. Occupational Safety and Health Administration (OSHA) sets and enforces workplace safety standards, and all employers are required to comply with OSHA’s standards. OSHA monitors...
Workplace Injuries Caused by the Negligence of Coworkers in Georgia
Since workplace injuries are generally governed by workers’ compensation laws, bringing a Georgia work injury claim against a coworker can be complicated. In a recent case, one state’s supreme court rejected the claims of two plaintiffs brought against coworkers due...
Court Finds Student Teacher Trainee Entitled to Workers’ Compensation Benefits
In some Georgia workers’ compensation cases, the question of whether an individual is an employee under the workers’ compensation act is not so clear. In a recent case, one state’s supreme court considered whether a student teacher was entitled to benefits despite not...