Happy Monday, team!
This week’s tip stems from a question we had last week regarding workplace violence claims in Georgia. In particular, when the Claimant is the aggressor:
JOHN’S GA TIP OF THE WEEK: Are Fights at Work Compensable in Georgia?
- To be Compensable, The Attack Must Be Work-Related Rather Than For “Reasons Personal”
- In Georgia, a compensable work injury must arise out of and in the course of employment but “shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee.” O.C.G.A. 34-9-1.
- When an injury results from an attack by a co-worker on a claimant, the attack must be work-related rather than for reasons personal in order to be compensable. Walsh Constr. Cp. V. Hamilton, 185 Ga. App. 105 (1987).
- Compensation is BARRED When Claimant is the Aggressor.
- No compensation shall be allowed for an injury or death due to the employee’s willful misconduct, including intentionally self-inflicted injury or growing out of his or her attempt to injure another.” O.C.G.A. 34-9-17.
- When claimant is injured in an attack by another employee, claimant must not have been the aggressor. State v. Purmort, 143 Ga. App. 296 (1977).
***DISCLAIMER: NO ATTORNEYS WERE HARMED WHEN CREATING THE FLYER FOR THIS WEEK’S TIP.
I hope everyone has a great week! As always, feel free to reach out if you have any questions or run into any GA issues.
Sincerely,
John Fennelly | Junior Partner