Recently, the firm addressed a question where an Atlanta employer allegedly made libelous or slanderous comments about an employee who was recently hurt on the job.  There was no question that the employee injured his back in a trucking accident in Gwinnett County.  The employee was subsequently terminated because of the accident.   A few weeks later the Employee reports that he has “heard” from other employees that the supervisor made numerous unflattering comments about the injured employee.

The issue becomes whether the injured employee could advance a claim for libel or slander against the Atlanta employer under his workers’ compensation claim.  The short answer is “no.”  The Court of Appeals has held that libel, slander, and intentional infliction of emotional distress are not compensable under Georgia’s workers’ compensation act as these harms could not be considered “physical injuries.”  For more information, see Oliver v. Wal-Mart, Inc., 209 Ga. App. 703 (1993).  While the claim may not be covered under the workers’ compensation system, the action may survive a filing in another court or jurisdiction.

What does it mean to cross-examine as an attorney?

The adverse attorney may “cross-examine” a witness by interrogating him or her in open court. The adverse attorney aims to highlight the deficiencies in the witness’ testimony, expose inconsistencies, or elicit facts that are favorable to the other party. Commonly in...

What is a Bench Trial?

The judiciary is often referred to as the “bench.” A bench trial is a trial where there is no jury and the judge serves two roles: (1) the person vested with the power to protect the procedural safeguards of the trial as to the rules of evidence and conduct of the...

5 Tips to Stay Safe in the Workplace [infographic]

5 Tips to Stay Safe in the Workplace [infographic]

In spite of training about safety, some workplace injuries are inevitable due to the nature of the work itself. However, as you can see in this infographic, you can minimize the casualty or the inflicted injury if you know the risks and hazards around your workplace....



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