Georgia’s workers’ compensation law allows employers to deny payment on work injury claims if the employee was engaged in “horseplay” at the time of the accident?
What exactly is “horseplay?”
Georgia law is somewhat vague about this but essentially it means that you were engaged in some activity outside the scope of your employment, even though you were on the clock at the time of your accident.
Here are some examples of activities that courts in Georgia and elsewhere have defined as horseplay:
- a finger wrestling match
- wrestling or mock fighting
- blowing spitballs
- setting up a practical joke
- showing off with feats of strength or endurance
- playing tricks on new workers
- playing with the controls of industrial equipment
- playing catch
Appeals courts in Georgia consider horseplay issues on a case by case basis. Since it can take a year or longer to put your case before an appeals court, many “horseplay” cases settle for a reduced sum using a “no-liability” stipulation.
In real life, drawing a line between casual conduct at the work site and horseplay can be difficult. If you have been injured on the job and you are concerned that your employer may try to raise a horseplay defense, I would advise you to say as little as possible about the circumstances of your accident to anyone (co-workers, physicians, supervisors) and to consult with a workers’ compensation lawyer as soon as possible.
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