Workers’ Compensation & Exclusive Remedy Doctrine
What Is the Exclusive Remedy Doctrine?
“Exclusive remedy” refers to the immunity afforded to employers of injured workers.
Workers’ compensation in the state of Georgia adheres to the Georgia Workers’ Compensation Act, which has existed for over 100 years. This law was created to ensure prompt payment for workers injured on the job without any proof of fault on the part of the employer, and without having to overcome the standard common law defenses that existed in the 1920s, when the law was made.
However, this guaranteed benefit came with a catch: Employees could not sue their employers for on-the-job injuries. This is known as the exclusive remedy doctrine, and it can create significant challenges for injured employees seeking compensation for on-the-job injuries.
Why Understanding Georgia’s Exclusive Remedy Doctrine is Important
Anyone representing injured plaintiffs in Georgia should have an in-depth understanding of this defense, including when it applies, what the exceptions are, and how to overcome it.
This guide, inspired by Darl Champion’s experience with it in a wrongful death lawsuit settled for $17 million against Metropolitan Atlanta Rapid Transit Authority (MARTA) in 2022, explains everything personal injury attorneys need to know about exclusive remedy doctrine in detail.
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