Recently, the firm addressed a question where an Atlanta employer alleged 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
For more information on Georgia workers' compensation claims, please visit our blog or website or call us
at (404) 355-3431.
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