The Exclusive Remedy Doctrine Reaffirmed in Georgia

Workers' Compensation is designed to be the exclusive remedy available for workers who are injured or killed on the job. Employees in Georgia who are injured at work give up the right to sue their employers in exchange for income and medical benefits. This doctrine applies even if the injury or death was due to the employer's negligence or recklessness. The trade off for the exclusive remedy doctrine is that workers are entitled to benefits even if the injury was partially their fault. However, if a third party's negligence is responsible for the accident, the injured worker can typically bring a lawsuit against that party in addition to recovering income benefits and receiving medical treatment by pursuing a workers' compensation case against the employer and insurer. Similarly, if the injury or death arises because of a faulty piece of equipment, the manufacturer, distributor and seller may also be sued in a products liability case.

Recently, the Georgia Court of Appeals confirmed that the exclusive remedy provision is alive and well in Georgia. The Court upheld a lower court's decision rejecting a lawsuit filed by the widow of a deputy killed by convicted Fulton County Courthouse killer Brian G. Nichols, after he escaped from jail while on trial for rape.

The opinion, written by Judge Sara L. Doyle, held that Deborah Teasley's suit against Fulton County, its former Sheriff Myron Freeman, and several current and former
deputies was barred because her husband, a Fulton County Deputy Sargent, was a county employee and thus not eligible to sue the county or its sheriff under the
Georgia's Workers' Compensation Act.

The Act's "exclusive remedy" provision bars any such suits and "precludes recovery on a tort claim by an injured employee against his employer," she wrote. She also rejected arguments that Sheriff Freeman and the other officers should be subject to personal liability for acts of negligence that contributed to Teasley's death.

If you have been injured at work or if a loved one has been injured or suffered a work related death, Susan J. Sadow, an experienced workers' compensation lawyer, can
advise you your workers' compensation rights, as well as any other legal remedies you may have. She can be a great resource for you!