Georgia has a no-fault workers’ compensation system, meaning if your injury happened while you were on the job, you have the right to receive benefits. A claim usually isn’t denied for negligence no matter how severe-–unless the employer claims there was willful misconduct involved, meaning the worker failed to follow protocol that would have kept him safe and therefore free of injury. Unfortunately, though, many insurance companies and employers approach workers’ comp claims as the result of intentional misconduct, basically saying the employee had to have been doing something wrong or the injury would have never happened.

Georgia’s Willful Misconduct Defense

Under Georgia law, there are certain situations of misconduct where employers may have an affirmative defense to compensation.O.C.G.A. § 34-9-17 states, “No compensation shall be allowed for injury or death due to the employee’s willful misconduct, including intentionally self- inflicted injury or refusal to use a safety appliance or perform a duty required by statute.”Willful misconduct generally requires premeditation.Employers carry the burden of proof and an uphill battle to prove to a judge that a worker planned to intentionally break a rule which ultimately caused an injury.

Examples of Willful Misconduct

• Deliberate violation of the employer’s rules. (This would include not following safety practices such as not wearing protective equipment).
• Worker fails to meet average behavior standards. (This would be if you were sleeping on the job, lying, stealing, cheating, etc.)
• Self-inflicted harm
• The injury came while trying to hurt someone else.
• Worker fails to follow reasonable instructions given by the employer.
• Absenteeism without good cause. (Good cause would include illness, family emergency, bad weather, etc.)
• The worker was under the influence of a substance.

Gross Negligence Versus Willful Misconduct

Gross negligence is being extremely reckless or doing something without thinking through the consequences. One example would be a heavy equipment driver speeding in a heavily concentrated pedestrian area. Another example would be a nurse’s aide not giving her patients food during her entire 12-hour shift. Gross negligence does not preclude you from getting workers’ comp benefits.

Willful misconduct means an act committed you knew could or would likely cause harm or result in some major loss. An example would be a veteran roofer not wearing his safety harness and then falls 50 feet, breaking his leg. He had performed the same job duty for the prior 20 years and knew what could happen if he failed to wear his harness.Willful misconduct–if proven–can preclude you from getting workers’ comp benefits.

If you received a letter saying your claim was being denied for willful misconduct, you must contact a lawyer immediately. You will likely have to fight for your benefits and it is critical you understand your rights and options.