Georgia Law Blog

On September 11, 2007, the Georgia Court of Appeals issued its decision in Paschall Truck Lines v. Kirkland. In this case, the injured worker was hurt in a truck accident when another commercial vehicle struck the vehicle he was driving. He collected filed a Georgia workers' compensation claim and a Kentucky workers' compensation claim. When the Georgia personal injury / truck accident claim settled for $100,000.00, the workers' comp. insurance company sought to recover money based on a purported lien.

This case is governed by O.C.G.A. 34-9-11.1(b) which states that for an insurer to successfully intervene and recuperate money paid to an injured worker in a third party personal injury case, the insurer must show that the injured worker was fully and completely compensated for economic and non-economic damages.

This case was a victory for the injured worker. Workers' compensation insurers in Georgia often try to get paid back from personal injury settlements or verdicts that injured employees bring against third-parties. In some states, the workers' compensation insurance company has strong rights of recovery. This is not the case in Georgia. I have been successful in my handling of similar cases in maximizing the recovery on behalf of my clients. Interestingly, some claimants' attorneys are especially loathe to repay a workers' compensation insurer because they feel the fruit of their efforts (i.e. compensation) should go to their clients and not the insurance company.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Georga Personal Injury Case Update , Georgia Workers' Compensation Case Update

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On July 9, 2007, the Georgia Court of Appeals handed down its decision in Patterson v. Bristol Timber Company. In this case, the plaintiff filed a person injury suite against Bristol Timber Company. The injured employee, working for a Georgia trucking company, was contracted to deliver wood chips to Bristol Timber Company by his employer. A work accident occurred when the injured worker fell off a ladder onto a front loader. Although this case involved other legal issues aside from the workers’ compensation case, the primary basis for dismissal was Exclusive Remedy Provision of Georgia Workers’ Compensation Law.

In this case, it is important to keep in mind the hierarchy of the companies involved. The Court reasoned that the personal injury lawsuit could not be maintained against Bristol due to it being a statutory employer under the Georgia Workers’ Compensation Act. This is because Bristol hired Brownlow to haul the wood chips from their loading docks to inland. Patterson was injured on Bristol’s premises in the course of his work for Bownlow while performing obligations the contract. Therefore, the Court found these facts fall squarely into O.C.G.A §34-9-8(a) & (d).

This case involves the issue of statutory employment. Most states have, through their respective workers’ compensation statutes, established rules protecting workers of sub-contractors who do not have workers’ compensation insurance. Under the laws as discussed in this case, an employee may bring a workers’ compensation claim against statutory employees. Of course, there is a flip side to this coin being that the statutory employers, in exchange for being responsible under Georgia’s Workers’ Compensation law, enjoy tort immunity pursuant to Georgia’s Exclusive Remedy doctrine. Many injured workers in Georgia do not know that, in most instances, they can only file worker’s compensation claim their employer if they are hurt on the job. Thus, personal injury claims and civil suits for negligence against an injured worker's employer are generally frowned upon. These claims may come in all sorts of shapes and fashions including slip and fall cases, claims against co-workers in the operation of machinery, failure to maintain machinery and vehicles, car accidents, truck accidents, and other various dangers that exists in the work place. These legal issues can be complex. In addition, many of the cases that have emerged in this area are gray at best. If you or a loved one has a situation and would like an opinion as to whether or not you can bring a personal injury lawsuit against an employer, in addition to a workers’ compensation claim, please do not hesitate to contact my office or another law firm that handles workers’ compensation and personal injury cases.

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Georga Personal Injury Case Update , Georgia Workers' Compensation Case Update

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On July 5, 2007, the Georgia Court of Appeals decided the case of Champion v. Pilgrim's Pride Corp. of Delaware, Inc. In this case, a worker was injured after being hit by a truck in the receiving area of the poultry plant. She later died from her injuries. A civil suit was brought against her employer. One of the issues in the case was whether Georgia's workers' compensation law applies. The law says that an injured worker has a valid work injury claim if the injury occurs when the worker ingresses and egresses from the place of work. In this case, the Georgia Court of Appeals decided that it is a jury question as to whether or not she could maintain a wrongful case against her employer. Specifically, the issue was whether she was acting within the scope of her employment when she was hit. The Georgia Court of Appeals was swayed by the fact that the deceased was hit at work 78 minutes before she started her shift.

This case adds an interested case to the large number of work injury cases dealing with whether an injury arises out of employment. Usually, the injured employee is seeking workers compensation benefits. In this case, the person who died in this horrible workplace accident brought a personal injury lawsuit so it was essential to get around the Exclusive Remedy Provision (O.C.G.A. 34-9-11).

Posted by Jack E. Clay | Permalink | Email This Post

Posted In: Georga Personal Injury Case Update , Georgia Workers' Compensation Case Update

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