Comments on: Will my failure to wear my seat belt harm my workers comp claim? http://www.ramoslawblog.com/2009/05/04/will-my-failure-to-wear-my-seatbelt-harm-my-workers-comp-claim/ Georgia Workers' Compensation, Medicare Set-Asides and Injury Trust Funds Sun, 13 Sep 2009 03:18:49 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Bryan Ramos http://www.ramoslawblog.com/2009/05/04/will-my-failure-to-wear-my-seatbelt-harm-my-workers-comp-claim/comment-page-1/#comment-473 Bryan Ramos Sun, 13 Sep 2009 03:18:49 +0000 http://www.ramoslawblog.com/?p=783#comment-473 Richard: You are correct that the outcome is largely dependent upon the facts of the case. The law surrounding the willful misconduct statute strives to prevent gross and criminal negligence. The standard for determining workers' compensation liability is very low in Georgia. The injury must only be a product of an action that arose out of and in the course of employment. In your scenario, an injured party may have two causes of action in Georgia. One against the third-party tortfeasor and the other against his or her employer. These claims are not mutually exclusive. Often times, the injured worker will have both claims running at the same time. The Employer will have subrogation rights, however. For more information, please see www.ramoslawfirm.com Bryan C. Ramos, Esq. Richard:

You are correct that the outcome is largely dependent upon the facts of the case. The law surrounding the willful misconduct statute strives to prevent gross and criminal negligence. The standard for determining workers’ compensation liability is very low in Georgia. The injury must only be a product of an action that arose out of and in the course of employment.

In your scenario, an injured party may have two causes of action in Georgia. One against the third-party tortfeasor and the other against his or her employer. These claims are not mutually exclusive. Often times, the injured worker will have both claims running at the same time. The Employer will have subrogation rights, however.

For more information, please see http://www.ramoslawfirm.com

Bryan C. Ramos, Esq.

]]> By: Richard http://www.ramoslawblog.com/2009/05/04/will-my-failure-to-wear-my-seatbelt-harm-my-workers-comp-claim/comment-page-1/#comment-469 Richard Wed, 09 Sep 2009 11:01:17 +0000 http://www.ramoslawblog.com/?p=783#comment-469 This is a very informative article but in such cases it is not always as clean cut as these two alternative scenarios. Would it not also be a case that you may be able to claim from the person responsible for running you off the road in the first place rather than claiming from your employer? I know the law varies in the UK so this might not be the case in the US. All cases have their own different circumstances and so it is hard to come up with a general case or typical scenario. For advice on UK <a href="http://www.rossaldridge.co.uk" rel="nofollow">accident claims</a> check out www.rossaldridge.co.uk. This is a very informative article but in such cases it is not always as clean cut as these two alternative scenarios. Would it not also be a case that you may be able to claim from the person responsible for running you off the road in the first place rather than claiming from your employer?

I know the law varies in the UK so this might not be the case in the US.

All cases have their own different circumstances and so it is hard to come up with a general case or typical scenario. For advice on UK accident claims check out http://www.rossaldridge.co.uk.

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