Injured? Dial #WIN or #946 from your cellphone for your free consultation or call 1-800-LAW-NEED.
Call Us 24/7
( 1-800-529-6333 )

Willful Misconduct as a Defense to Georgia Workers’ Compensation Claims

August 28, 2018

The Claims Journal reports that Georgia is one of the few states in the country to allow the defense of willful misconduct in a workers’ compensation action. Furthermore, the defense of intoxication while on the job, like willful misconduct, can prevent the worker from collecting workers’ compensation benefits after a workplace injury. Your employer must do more than claim you committed willful misconduct or were intoxicated on the job to avoid liability for your workers’ compensation claim in Georgia. Instead, your employer needs hard evidence and must prove that you committed the acts alleged. Employers looking to avoid liability for their employees’ injuries will investigate injuries thoroughly to avoid paying claims.*

Actions that an employer claims are willful misconduct must meet the stringent legal definition. Willful misconduct in Georgia means that the employee knew that his or her actions violated a safety rule of the company, and done with the understanding that intentionally breaking the lawwill likely result in an injury or the wanton and reckless conduct that proves the employee disregarded the potential outcome of his or her actions.

Your employer will search high and low for any evidence that helps them avoid liability. Employers should be aware that OSHA guidelines prohibit universal drug or alcohol testing after an accident unless the facts of the situation indicate that either the injured employee or another employee involved in the incident might be under the influence. Similarly, your employer, and more specifically, their workers’ compensation insurance carrier, will likely look for witnesses to try to prove that you committed willful misconduct when you suffered your debilitating injury.

To make out an intoxication defense, the employer must prove that you had a blood alcohol concentration of 0.08 or above within three hours of the incident. That might be difficult to showdepending on when the employer learned of the accident but employers and insurance companies will try to defend their bottom lines by using whatever means possible to avoid paying the benefits to which the law entitles you.

Accident News is an archive of select Georgia accidents, designed to alert and educate drivers, to help them avoid the most common causes of injuries.  If you or a family member are injured in an accident, call Montlick & Associates 24/7 for your free consultation at 1-800-LAW-NEED (1-800-529-6333) or use our live chat at  For more information about Montlick & Associates’ award-winning public service programs click here.  

Montlick & Associates, Attorneys at Law

17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333

* This blog is intended to provide the public with news concerning serious automobile accidents and related stories. Although we are receiving this information from news organizations, initial reports may be different from conclusions reached by law enforcement personnel and other organizations, upon further investigation. Therefore, the accuracy of the content is not guaranteed. The information published here is based on information that has already been reported by a news organization, or other sources, and we cannot and do not assume responsibility for its accuracy. The source that we utilized at the time is provided above. If this posting pertains to you or your family and you do not wish for it to be on our website, please email us at [email protected] and we will be happy to remove it, but when doing so, please include a link to the the article that you wish to be taken down.

Category: Accident News

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.