Workers’ compensation represents a legislatively imposed bargain between employees and employers. The bargain works like this: If the employee is injured in the course of employment, the employer agrees to pay certain medical and wage-replacement benefits. The employer is not required to admit fault for the accident, and the employee is not allowed to file a personal injury lawsuit seeking damages outside of the workers’ compensation system.
Savannah Hospitality Services, LLC v. Scriven
A recent decision from the Georgia Court of Appeals, Savannah Hospitality Services, LLC v. Scriven, clarifies the “exclusive remedy” nature of workers’ compensation. This case involves a 2016 auto accident. The plaintiff was driving a vehicle owned by his employer at the time. He subsequently filed a personal injury lawsuit against the driver and owner of the other vehicle. (Such third-party claims are not covered by workers’ compensation.)