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Workers' comp claims: Drinking & fighting on the job in Georgia

Review allowable defenses for denying workers’ comp claims for injuries arising from willful misconduct and deviations from the scope of employment in Georgia's no-fault workers' comp system.

By K. Martine Cumbermack and Alexis N. Herring | December 14, 2022 at 04:00 AM
Although Georgia has a no-fault system, when a claim’s compensability is in question, the employee carries the burden of proof when filing a claim for benefits. That burden requires the injured worker to prove their injury arose out of and in the course of employment. (Credit: angkritth/iStock) Although Georgia has a no-fault system, when a claim’s compensability is in question, the employee carries the burden of proof when filing a claim for benefits. That burden requires the injured worker to prove their injury arose out of and in the course of employment. (Credit: angkritth/iStock)

The foundation of the Georgia Workers’ Compensation Act is to provide medical and wage loss benefits to injured workers in a no-fault system without having to undergo the rigors of filing a lawsuit and navigating the legal system.

In exchange, an injured workers’ remedies under the law are limited and absent in rare circumstances; it is the exclusive remedy available against an employer when seeking recovery for injury or even death arising out of or in the course of employment. In exchange for the limitation in remedies available to an injured worker, the employer gives up many of the affirmative defenses that may be available in traditional tort actions.

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