Georgia Appeals Court Rules on Application of Georgia Workers’ Compensation Act to Shooting Death of Man at Work by Coworker

Earlier this year, what many may call a “bombshell” decision was handed down by the Georgia Court of Appeals in a wrongful death Georgia workers’ compensation case brought after the shooting death of a Georgia worker on the job. According to news reports, in a case brought by the deceased worker’s family against his employer, Solo Cup Operating Corp., the Georgia Court of Appeals reversed the Rockdale Country State Court’s decision holding that the family of the deceased worker had an exclusive remedy under the Georgia State Workers’ Compensation Act for the death of their beloved family member.

The case begins with an on-the-job incident that occurred in December, 2019. At that time, Taurus Andrews, the worker who was ultimately killed, and his co-worker, Camron Golden, had a dispute over a bag that contained money that was found at the Solo Cup Operating Corp. workplace. Andrews was reported to have found the bag containing money, and, as required by his employer, turned the bag into his employer. Solo Cup supervisors told Golden that Andrews had found and turned in the bag, and Golden believed that Andrews had taken some money from the bag before turning it into Solo Cup. As a result, an altercation ensued between Andrews and Golden, and Andrews was shot by Golden on the Solo Cup Operating Corp. premises.

Following the death of her son, Andrews’ mother brought a wrongful death lawsuit against Solo Cup and additional named party defendants, based on wrongful death and premises liability laws. However, the trial court dismissed Andrews’ mother’s lawsuit, primarily for lack of jurisdiction, citing the Georgia Workers’ Compensation Act as the exclusive remedy for the death of her son in this case. The Georgia Court of Appeals disagreed with the lower court and held that the Georgia Workers’ Compensation Act was not the exclusive remedy in the case, as the dispute did not arise out of a work-related action taken by Andrews or Golden, but rather because Golden believed that Andrews had stolen from him. Accordingly, Andrews’ mother is entitled to bring the case for the death of her son under Georgia wrongful death laws.

Legal Help for Decatur Families after a Loved One is Killed on the Job – Decatur Workers’ Compensation Wrongful Death Benefits

The case of Taurus Andrews provides a glimpse into the nuances of Georgia workers’ compensation laws and Georgia civil laws. It also serves as an important reminder to Decatur families that they may have rights and options under Georgia workers’ compensation laws if their loved one is killed on the job. If a close loved one has died at work in Decatur, it is always best to speak with an experienced Decatur workers’ compensation lawyer about your rights and options in your specific case.

The experienced Decatur workers’ compensation lawyers at the O’Connell Law Firm are here to help injured Decatur workers and their families get justice for serious workplace injuries under Georgia workers’ compensation laws. Contact the O’Connell Law Firm today and speak to a lawyer about your case now.

Source:

law.com/dailyreportonline/2024/10/14/narrow-exception-to-workers-compensation-act-revives-wrongful-death-suit/?slreturn=20241217123830