The foundation of the Georgia Workers’ Compensation Act is to provide benefits that affect a cure, provide relief and return injured workers to suitable employment. However, certain “bad acts” of an injured employee can undermine this foundation.

Dustin Thompson of Swift, Currie, McGhee & Hiers. Courtesy photo Dustin Thompson of Swift, Currie, McGhee & Hiers. (Courtesy photo)

In an effort to help employers and insurers counter bad behavior, the act contains willful misconduct defenses and other potential bars to liability. It defines an “injury” as only an injury by accident arising out of and in the course of the employment. The act specifically excludes an injury caused by the willful act of a third person directed against an employee for reasons personal to such employee (OCGA § 34-9-1(4)).

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