Workers' Compensation Case Law Update - Burns Int'l Sec. Servs. Corp. v. Johnson
On March 19, 2007, the Georgia Court of Appeals decided this case. The underlying facts of this case are tragic. Ms. Johnson was employed as a night security guard. She was murdered one night while assigned to guard a vacant and historically dangerous property. Her family brought an action against her employer Burns Security for wrongful death.
The Court of Appeals held that Ms. Johnson's family's rights were limited by Georgia Workers' Compensation Law. Specifically, the Exclusive Remedy Provision contained at O.C.G.A. 34-9-11 generally prohibits injured workers from bringing civil lawsuits against their employers. In this case, the Court held that Ms. Johnson's family was limited to workers' compensation benefits and could not bring a lawsuit against her employer.
It is important to note that there are several exceptions to this general rule. An attorney should be consulted when this situation arises as soon as possible.
