by Kenneth A. David, Esq.

The exclusive remedy protection for employers remains strong in Georgia. Employees cannot sue their employers in civil court for damages; the “exclusive remedy” is the workers’ comp system. This concept was recently affirmed in the Georgia Court of Appeals case of Dawson v. Wal-Mart (decided 11/12/13). A Wal-Mart employee was in the parking lot walking toward the store to start her shift when she was abducted and attacked. The employee argued that Wal-Mart could have done more to assist the police in finding her sooner and thereby limiting her injuries so she filed a civil lawsuit. Wal-Mart argued that the employee’s injury was work-related so she could not sue in civil court. The Court of Appeals agreed with Wal-Mart finding workers’ comp was the exclusive remedy for the employee because her abduction and attack was not personal to her. The fact was that the employee was walking toward the store at the time because of her job and she did not know the assailant, even though the investigation revealed that the perpetrator may have attacked her due to a resemblance she had to his girlfriend. Not surprisingly, employees often times try to take claims outside the workers’ comp system as damages (money) can be much higher without the workers’ comp caps on benefits and with the ability to establish in civil court a claim for pain and suffering.